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 .
Response to Amendment
The Preliminary amendment filed January 24th, 2025, has been entered. Claims 1-20 are canceled. Claims 21-40 are new. Claims 21-40 remain pending.
Specification
The disclosure is objected to because of the following informalities: The paragraph titled “CROSS-REFERENCE TO RELATED APPLICATION(S)” needs to be amended to include the current status of the parent application: U.S. Patent Application Serial No. 16/862,966, filed April 30, 2020, which is now U.S. Patent No. 12,539,163. Appropriate correction is required.
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 22 & 28 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 22 recites the limitation "the distal end" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner is considering "the distal end” to be –a distal end—.
Claim 28 recites the limitation "the distal end" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner is considering "the distal end” to be –a distal end—.
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 27-28, 31-32, 37, & 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamatani (US 20080249556 A1), hereinafter “Yamatani”.
Regarding claim 27, Yamatani discloses a method of harvesting a blood vessel, comprising: advancing a conical dissection tip of an endoscopic cannula ([0040] & [0056]; Figure 1—elements 31 & 33) along an exterior surface of the blood vessel to separate the blood vessel from surrounding tissue ([0048]-[0053]; Figure 5—elements 52 & 54; the dissection apparatus is inserted into the body and dissects a main duct 52a of the blood vessel 52 from the blood vessel connective tissue 54); and viewing said advancing through a transparent portion of the conical dissection tip via an endoscope received in the endoscopic cannula ([0044] & [0053]; Figure 1—element 20; Figure 6A), wherein the transparent portion of the conical dissection tip includes at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the conical dissection tip during said viewing ([0044] & [0053]; Figures 2C & 6A—element 46); .
Regarding claim 28, as best understood in view of the 112(b) rejection above, Yamatani discloses all of the limitations of claim 27, as described above.
Yamatani further discloses wherein the first visual cue is located at the distal end of the conical dissection tip ([0044]; Figure 2C—elements 44 & 46).
Regarding claim 31, Yamatani discloses all of the limitations of claim 27, as described above.
Yamatani further discloses wherein the first visual cue, despite being visible to the user during said viewing, significantly avoids obstructing a field of view of the user ([0053]-[0059]; Figures 6A-6D—elements 46 & 52; Figures 6A-6D portray an observation image of the endoscope, as the blood vessel is still visible in the image along with the mark 46 it is the examiners position that the visual cue 46 significantly avoids obstructing a field of view of the user).
Regarding claim 32, Yamatani discloses all of the limitations of claim 27, as described above.
Yamatani further discloses wherein a branch vessel that emanates from the blood vessel is encountered during said advancing ([0054]-[0057]; Figures 5, & 6B-6D—element 52b).
Regarding claim 37, Yamatani discloses all of the limitations of claim 27, as described above.
Yamatani further discloses wherein the first visual cue comprises at least one of an indentation, a protrusion, and a marking ([0044]; Figure 2C—element 46; the visual cue 46 is a “mark”; the examiner notes the rest are in the alternative).
Regarding claim 39, Yamatani discloses all of the limitations of claim 27, as described above.
Yamatani further discloses wherein the first visual cue is located on at least one of an internal surface and an external surface of the conical dissection tip ([0044]; bend line portions on the outer surface and the inner surface of the acute-angle shape 44 of the dissection tip 33 form the mark/visual cue 46).
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 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Orphanos et al. (US 20160367279 A1), hereinafter “Orphanos”, in view of Chin et al. (US 6796976 B1), hereinafter “Chin”.
Regarding claim 21, Orphanos discloses a method of harvesting a blood vessel, comprising: advancing a conical dissection tip of an endoscopic cannula ([0030] & [0033]; Figure 1A—elements 100 & 120) along an exterior surface of the blood vessel to separate the blood vessel from surrounding tissue, wherein a branch vessel that emanates from the blood vessel is encountered during said advancing ([0035]-[0037] & [0050]-[0051]; Figures 2A & 2C—elements 120, 220, & 230; the dissection tip 120 is advanced along the surface of the vessel 200 and dissects the vessel 200 from the surrounding subcutaneous fatty connective tissue 230 along the natural dissection plane between them; the dissection tip 120 approaches branch vessel 220); viewing the branch vessel through a transparent portion of the conical dissection tip via an endoscope received in the endoscopic cannula ([0030], [0031], [0033], [0037], & [0038]; the endoscope provides for endoscopic viewing of the harvesting procedure); energizing a cutting element positioned adjacent the branch vessel to seal off part of the branch vessel; and mechanically cutting through a sealed-off portion of the branch vessel with the cutting element ([0043], [0044], & [0051]; after the branch vessel is encountered the cutting portions 310 & 310 may be advanced beyond the dissection tip 120 to capture, seal, and cut the branch vessel; to facilitate sealing of the blood vessel the cutting portions 310 & 312 may be energized; to facilitate the cutting of the blood vessel subsequent to sealing; the edges of the cutting portion may be sharped or pointed).
Orphanos does not disclose wherein the transparent portion of the conical dissection tip includes at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the conical dissection tip during said viewing.
Chin teaches a method comprising: advancing a tip of an endoscopic cannula ([Col. 3, line 64 – Col. 4, line 41] & [Col. 7, lines 50-55]; Figures 1 & 5A-5B—element 12), viewing through a transparent portion of the tip via an endoscope ([Col. 7, lines 24-55]); wherein the transparent portion of the tip includes at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the tip during said viewing ([Col. 2, line 64 – Col. 3, line 10] & [Col. 3, line 64 – Col. 4, line 28]).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the tip during said viewing, as taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue ([Col. 2, line 64 – Col. 3, line 10] & [Col. 5, lines 10-31]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the tip during said viewing, as taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue.
Regarding claim 22, Orphanos in view of Chin disclose all of the limitations of claim 21, as described above.
Orphanos does not disclose wherein the first visual cue is located at the distal end of the conical dissection tip.
Chin further teaches wherein the first visual cue is located at the distal end of the tip ([Col. 1, line 45 – Col. 2, line 8], [Col. 3, line 64 – Col. 4, line 28], & [Col. 6, lines 48-57]; Figure 5—element 35).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue, wherein the first visual cue is located at the distal end of the tip, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue, the marking may be disposed at the extreme distal end of the tip so as to aid in avoiding unintended injury to tissue ([Col. 2, line 64 – Col. 3, line 10], [Col. 5, lines 10-31], & [Col. 6, lines 48-57]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue, wherein the first visual cue is located at the distal end of the tip, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue and aid in avoiding unintended injury to tissue.
Regarding claim 23, Orphanos in view of Chin disclose all of the limitations of claim 21, as described above.
Orphanos does not disclose wherein the transparent portion of the conical dissection tip includes a second visual cue.
Chin further teaches wherein the transparent portion of the tip includes a second visual cue ([Col. 1, line 45 – Col. 2, line 9] & [Col. 3, line 64 – Col. 4, line 28]; Figure 1—element 18 & 19; markers 18 & 19 are disposed along the transparent portion of the tip 12).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue and a second visual cue, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue ([Col. 1, line 45 – Col. 2, line 9], [Col. 2, line 64 – Col. 3, line 10], & [Col. 5, lines 10-31]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue and a second visual cue, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue.
Regarding claim 24, Orphanos in view of Chin disclose all of the limitations of claim 21, as described above.
Chin further teaches wherein the first visual cue includes a curved line ([Col. 3, line 64 – Col. 4, line 28] & [Col. 6, lines 63-66]; Figure 6C; the marking may be a spiral line).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue includes a curved line, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue, the marking may be in the form of a spiral line ([Col. 1, line 45 – Col. 2, line 9], [Col. 2, line 64 – Col. 3, line 10], & [Col. 5, lines 10-31]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue includes a curved line, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue.
Regarding claims 25-26, Orphanos in view of Chin disclose all of the limitations of claim 21, as described above.
Chin further teaches wherein the first visual cue is visualizable by the user on an electronic display (claim 25) ([Col. 2, line 63 – Col. 3, line 10] & [Col. 7, lines 25-55]; tissue located near the tip are observed relative to the marker using the imaging device wherein the image information is transmitted to display optics); wherein the first visual cue, despite being visible to the user during said viewing, significantly avoids obstructing a field of view of the user on the electronic display (claim 26) ([Col. 2, line 63 – Col. 3, line 10], [Col. 3, line 64 – Col. 4, line 27], & [Col. 5, lines 10-31]; tissue relative to the marking at the tip is capable of being view; the markings may occupy only a portion of the circumference of the tip; it is the examiners position that the marking would significantly avoid obstructing a field of view of the user on the electronic display, as both tissue and the marking and the relative positioning between the two are visible through the tip).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue is visualizable by the user on an electronic display, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end using the endoscope and the imaging information can be transmitted to display optics, the markings facilitate accurate positioning of the tip relative to tissue ([Col. 1, line 45 – Col. 2, line 9], [Col. 2, line 64 – Col. 3, line 10], & [Col. 7, lines 25-55]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue is visualizable by the user on an electronic display, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue via imaging.
Regarding claim 27, Orphanos discloses a method of harvesting a blood vessel, comprising: advancing a conical dissection tip of an endoscopic cannula ([0030] & [0033]; Figure 1A—elements 100 & 120) along an exterior surface of the blood vessel to separate the blood vessel from surrounding tissue ([0035]-[0037] & [0050]-[0051]; Figures 2A & 2C—elements 120, 220, & 230; the dissection tip 120 is advanced along the surface of the vessel 200 and dissects the vessel 200 from the surrounding subcutaneous fatty connective tissue 230 along the natural dissection plane between them); and viewing said advancing through a transparent portion of the conical dissection tip via an endoscope received in the endoscopic cannula ([0030], [0031], [0033], [0037], & [0038]; the endoscope provides for endoscopic viewing of the harvesting procedure).
Orphanos does not disclose wherein the transparent portion of the conical dissection tip includes at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the conical dissection tip during said viewing.
Chin teaches a method comprising: advancing a tip of an endoscopic cannula ([Col. 3, line 64 – Col. 4, line 41] & [Col. 7, lines 50-55]; Figures 1 & 5A-5B—element 12), viewing through a transparent portion of the tip via an endoscope ([Col. 7, lines 24-55]); wherein the transparent portion of the tip includes at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the tip during said viewing ([Col. 2, line 64 – Col. 3, line 10] & [Col. 3, line 64 – Col. 4, line 28]).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the tip during said viewing, as taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue ([Col. 2, line 64 – Col. 3, line 10] & [Col. 5, lines 10-31]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include at least a first visual cue that is visible to a user looking through the transparent portion with the endoscope to allow the user to confirm positioning of the tip during said viewing, as taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue.
Regarding claim 28, Orphanos in view of Chin disclose all of the limitations of claim 27, as described above.
Orphanos does not disclose wherein the first visual cue is located at the distal end of the conical dissection tip.
Chin further teaches wherein the first visual cue is located at the distal end of the tip ([Col. 1, line 45 – Col. 2, line 8], [Col. 3, line 64 – Col. 4, line 28], & [Col. 6, lines 48-57]; Figure 5—element 35).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue, wherein the first visual cue is located at the distal end of the tip, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue, the marking may be disposed at the extreme distal end of the tip so as to aid in avoiding unintended injury to tissue ([Col. 2, line 64 – Col. 3, line 10], [Col. 5, lines 10-31], & [Col. 6, lines 48-57]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue, wherein the first visual cue is located at the distal end of the tip, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue and aid in avoiding unintended injury to tissue.
Regarding claim 29, Orphanos in view of Chin disclose all of the limitations of claim 27, as described above.
Orphanos does not disclose wherein the transparent portion of the conical dissection tip includes a second visual cue.
Chin further teaches wherein the transparent portion of the tip includes a second visual cue ([Col. 1, line 45 – Col. 2, line 9] & [Col. 3, line 64 – Col. 4, line 28]; Figure 1—element 18 & 19; markers 18 & 19 are disposed along the transparent portion of the tip 12).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue and a second visual cue, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue ([Col. 1, line 45 – Col. 2, line 9], [Col. 2, line 64 – Col. 3, line 10], & [Col. 5, lines 10-31]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue and a second visual cue, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue.
Regarding claim 30, Orphanos in view of Chin disclose all of the limitations of claim 27, as described above.
Chin further teaches wherein the first visual cue includes a curved line ([Col. 3, line 64 – Col. 4, line 28] & [Col. 6, lines 63-66]; Figure 6C; the marking may be a spiral line).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue includes a curved line, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue, the marking may be in the form of a spiral line ([Col. 1, line 45 – Col. 2, line 9], [Col. 2, line 64 – Col. 3, line 10], & [Col. 5, lines 10-31]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue includes a curved line, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue.
Regarding claim 31, Orphanos in view of Chin disclose all of the limitations of claim 27, as described above.
Chin further teaches wherein the first visual cue, despite being visible to the user during said viewing, significantly avoids obstructing a field of view of the user ([Col. 2, line 63 – Col. 3, line 10], [Col. 3, line 64 – Col. 4, line 27], & [Col. 5, lines 10-31]; tissue relative to the marking at the tip is capable of being view; the markings may occupy only a portion of the circumference of the tip; it is the examiners position that the marking would significantly avoid obstructing a field of view of the user on the electronic display, as both tissue and the marking and the relative positioning between the two are visible through the tip).
Regarding claim 32, Orphanos in view of Chin disclose all of the limitations of claim 27, as described above.
Orphanos further discloses wherein a branch vessel that emanates from the blood vessel is encountered during said advancing ([0035]-[0037] & [0050]-[0051]; Figures 2A & 2C—elements 120, 220, & 230; the dissection tip 120 is advanced along the surface of the vessel 200 and dissects the vessel 200 from the surrounding subcutaneous fatty connective tissue 230 along the natural dissection plane between them; the dissection tip 120 approaches branch vessel 220).
Regarding claim 33, Orphanos in view of Chin disclose all of the limitations of claim 32, as described above.
Orphanos further discloses positioning a cutting element adjacent the branch vessel ([0051]; the cutting elements are kept in a retracted position until the branch vessel is encountered, at that point the cutting elements are advanced to capture the branch vessel).
Regarding claim 34, Orphanos in view of Chin disclose all of the limitations of claim 33, as described above.
Orphanos further discloses energizing the cutting element to seal off part of the branch vessel ([0043], [0044], & [0051]; after the branch vessel is encountered the cutting portions 310 & 310 may be advanced beyond the dissection tip 120 to capture, seal, and cut the branch vessel; to facilitate sealing of the blood vessel the cutting portions 310 & 312 may be energized; to facilitate the cutting of the blood vessel subsequent to sealing the edges of the cutting portion may be sharped or pointed).
Regarding claim 35, Orphanos in view of Chin disclose all of the limitations of claim 34, as described above.
Orphanos further discloses mechanically cutting through a sealed- off portion of the blood vessel with the cutting element ([0043], [0044], & [0051]; after the branch vessel is encountered the cutting portions 310 & 310 may be advanced beyond the dissection tip 120 to capture, seal, and cut the branch vessel; to facilitate sealing of the blood vessel the cutting portions 310 & 312 may be energized; to facilitate the cutting of the blood vessel subsequent to sealing the edges of the cutting portion may be sharped or pointed).
Regarding claim 36, Orphanos in view of Chin disclose all of the limitations of claim 35, as described above.
Orphanos further discloses wherein the cutting element is a longitudinally extendable-retractable cutting element ([0042]).
Regarding claim 37, Orphanos in view of Chin disclose all of the limitations of claim 27, as described above.
Chin further teaches wherein the first visual cue comprises at least one of an indentation, a protrusion, and a marking ([Col. 5, lines 10-31]; the examiner notes the rest “an indentation, a protrusion” are in the alternative).
Regarding claim 38, Orphanos in view of Chin disclose all of the limitations of claim 27, as described above.
Chin further teaches wherein the first visual cue is visualizable by the user on an electronic display ([Col. 2, line 63 – Col. 3, line 10] & [Col. 7, lines 25-55]; tissue located near the tip are observed relative to the marker using the imaging device wherein the image information is transmitted to display optics).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue is visualizable by the user on an electronic display, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end using the endoscope and the imaging information can be transmitted to display optics, the markings facilitate accurate positioning of the tip relative to tissue ([Col. 1, line 45 – Col. 2, line 9], [Col. 2, line 64 – Col. 3, line 10], & [Col. 7, lines 25-55]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue is visualizable by the user on an electronic display, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue via imaging.
Regarding claim 39, Orphanos in view of Chin disclose all of the limitations of claim 27, as described above.
Orphanos does not disclose wherein the first visual cue is located on at least one of an internal surface and an external surface of the conical dissection tip.
Chin further teaches wherein the first visual cue is located on at least one of an internal surface and an external surface of the tip ([Col. 5, lines 10-31]; markings may be located on the inner or outer surface).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue is located on at least one of an internal surface and an external surface of the tip, as further taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip that are disposed on either the inner surface or outer surface such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue ([Col. 1, line 45 – Col. 2, line 9], [Col. 2, line 64 – Col. 3, line 10], & [Col. 5, lines 10-31]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include the first visual cue wherein the first visual cue is located on at least one of an internal surface and an external surface of the tip, as further taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue.
Regarding claim 40, Orphanos discloses a method of harvesting a blood vessel, comprising: advancing a conical dissection tip of an endoscopic cannula ([0030] & [0033]; Figure 1A—elements 100 & 120) along an exterior surface of the blood vessel to separate the blood vessel from surrounding tissue, wherein a branch vessel that emanates from the blood vessel is encountered during said advancing ([0035]-[0037] & [0050]-[0051]; Figures 2A & 2C—elements 120, 220, & 230; the dissection tip 120 is advanced along the surface of the vessel 200 and dissects the vessel 200 from the surrounding subcutaneous fatty connective tissue 230 along the natural dissection plane between them; the dissection tip 120 approaches branch vessel 220); viewing the branch vessel through a transparent portion of the conical dissection tip ([0030], [0031], [0033], [0037], & [0038]; the endoscope provides for endoscopic viewing of the harvesting procedure); and energizing a cutting element positioned adjacent the branch vessel to seal off part of the branch vessel ([0043], [0044], & [0051]; after the branch vessel is encountered the cutting portions 310 & 310 may be advanced beyond the dissection tip 120 to capture, seal, and cut the branch vessel; to facilitate sealing of the blood vessel the cutting portions 310 & 312 may be energized; to facilitate the cutting of the blood vessel subsequent to sealing; the edges of the cutting portion may be sharped or pointed).
Orphanos does not disclose wherein the transparent portion of the conical dissection tip includes at least a first visual cue that is visible to a user looking through the transparent portion to allow the user to confirm positioning of the conical dissection tip non-radiologically during said viewing.
Chin teaches a method comprising: advancing a tip of an endoscopic cannula ([Col. 3, line 64 – Col. 4, line 41] & [Col. 7, lines 50-55]; Figures 1 & 5A-5B—element 12), viewing through a transparent portion of the tip via an endoscope ([Col. 7, lines 24-55]); wherein the transparent portion of the tip includes at least a first visual cue that is visible to a user looking through the transparent portion to allow the user to confirm positioning of the tip non-radiologically during said viewing ([Col. 2, line 64 – Col. 3, line 10], [Col. 3, line 64 – Col. 4, line 28], & [Col. 7, lines 24-55]; tissue relative to the marker is observed using an imaging device, such as an endoscope).
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify the transparent portion of the conical dissection tip, as disclosed by Orphanos, to include at least a first visual cue that is visible to a user looking through the transparent portion to allow the user to confirm positioning of the tip non-radiologically during said viewing, as taught by Chin, as both references and the claimed invention are directed toward endoscopic surgical instruments comprising transparent portions for viewing tissue. As disclosed by Chin, the transparent portion may include markings at the tip such that tissue can be viewed relative to the marking at the distal end and facilitate accurate positioning of the tip relative to tissue ([Col. 2, line 64 – Col. 3, line 10] & [Col. 5, lines 10-31]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify transparent portion of the conical dissection tip, as disclosed by Orphanos, to include at least a first visual cue that is visible to a user looking through the transparent portion to allow the user to confirm positioning of the tip non-radiologically during said viewing, as taught by Chin, as such a modification would facilitate accurate positioning of the tip relative to tissue.
Conclusion
Accordingly, claims 21-40 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA D TEMPLETON whose telephone number is (571)272-7683. The examiner can normally be reached M-F 8:00am to 5:00pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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