DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Information Disclosure Statement
2. The Information Disclosure Statement submitted on 29 January 2025 has been considered by the Examiner.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 2, 5, and 9-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the treatment probe" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the probe" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation “the region” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “the treatment probe” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
5. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
6. Claim 16 is rejected under 35 U.S.C. 102 (a) (1) and (a) (2) as being anticipated by Masuda et al. (US 2014/0142573 A1).
Regarding claim 16, Masuda teaches an ultrasonic device (“the ultrasonic vibration is generated in the ultrasonic vibrator 12 by the supply of a current to the ultrasonic vibrator 12 from the ultrasonic generating current supplier 8 via the electric signal lines 13A and 13B. The ultrasonic vibration is then transmitted to the probe electric conducting portion 23 (the distal portion of the probe unit 3)” [abstract, 0102]), comprising:
an ultrasonic probe that extends in a longitudinal direction (“the ultrasonic vibration is generated in the ultrasonic vibrator 12 by the supply of a current to the ultrasonic vibrator 12 from the ultrasonic generating current supplier 8 via the electric signal lines 13A and 13B [0102]. Furthermore, the ultrasonic vibration is then transmitted to the probe electric conducting portion 23 which is defined at the distal portion of the probe unit 3 [0102]. The Examiner respectfully submits that the probe unit 3 comprises a probe body 21 that extends along a longitudinal axis C [0050, 0102, FIG. 3, FIG. 7, FIG. 18]), and that has a treatment portion at its distal end (the probe unit 3 comprises a probe body 21 having a distal end which defines the treatment portion or probe electric conducting portion 23 [0050, 0102-0103]);
a slider configured to be movable in the longitudinal direction (the slide member 115 is configured to move along the longitudinal axis C [0095-0096, FIG. 4]);
a jaw configured to be openable and closable by movement of the slider (the jaw 42 is configured to open and close by moving the slide member 115 [0095-0096]);
a probe holder including a region that is configured to be interposed between the slider and the ultrasonic probe (the probe holders or support members 85 are formed on the outer peripheral portion of the probe body 21 [0078, FIGS. 7-8]. Specifically, figures 4 and 7-8 illustrates the probe holders or support members 85 being disposed between the probe body 21 and the slider 115 [FIG. 4, FIG. 7, FIG. 8]), wherein the treatment portion is configured so that the treatment portion disposed inside the probe holder can ultrasonically vibrate in a cross section perpendicular to the longitudinal axis (figures 7-8 illustrate the treatment portion or probe electric conduction portion 23 disposed inside the probe holders 85 [FIGS. 7-8]. Furthermore, the ultrasonic vibrations or currents are delivered through the perpendicularly facing surface 102 of the probe electric conducting portion 23 [0051, 0083, 0135, 0139, FIG. 8, FIG. 10]).
Allowable Subject Matter
7. Claims 1, 3-4, 6-8, and 11-15 are allowed.
8. Claims 2, 5, and 9-10 are not allowable, as claims 2, 5, and 9-10 have been rejected under 35 U.S.C. 112(b).
9. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not explicitly disclose or suggest a surgical treatment device comprising a transducer, a transmission rod, a probe holder, and a treatment portion similar to those recited in the pending claims. Specifically, the prior art of record does not explicitly suggest wherein the probe holder is arranged such that the treatment portion is movable inside the probe holder to take a first state in which the treatment portion contacts the probe holder and a second state in which the treatment portion does not come into contact with the probe holder. The following description demonstrates how the prior art of record fails to suggest the recited limitation.
Regarding claim 1, Masuda teaches a surgical treatment device (the treatment device 1 [abstract, 0050]), comprising:
a transducer configured to generate ultrasonic vibrations (the treatment device 1 comprises an ultrasonic vibrator 12 [0050-0051]. Specifically, the ultrasonic vibrator 12 comprises a transducer or horn 15 that transmits vibrations through the rod or probe body 21 from the proximal direction to the distal direction [0051]);
a transmission rod that extends in a longitudinal direction (the rod or probe body 21 extends along a longitudinal axis C [0050-0051]), that has a proximal end operatively connected to the transducer (the ultrasonic vibrator 12 comprises a transducer or horn 15 that transmits vibrations through the rod or probe body 21 from the proximal direction to the distal direction [0051]. Specifically, the proximal end of the probe body 21 is attached to the horn 15 [0051]), and that has a treatment portion at its distal end (the treatment portion or probe electric conducting portion 23 is disposed at the distal portion of the probe body 21 [0051]); and
a probe holder that is configured to contact the treatment portion (the probe holders or support members 85 are formed on the outer peripheral portion of the probe body 21 [0078, FIGS. 7-8]. Specifically, figures 7-8 illustrate the treatment portion or probe electric conducting portion 23 contacting the probe holders or support members 85 [FIGS. 7-8])
However, Masuda does not explicitly teach wherein probe holder is arranged such that the treatment portion is movable inside the probe holder to take a first state in which the treatment portion contacts the probe holder and a second state in which the treatment portion does not come into contact with the probe holder. The Examiner respectfully submits that Masuda’s probe holders (support members 85) are designed to maintain contact with the treatment portion (probe electric conducting portion 23 of the probe body 21) to provide insulation from other components (e.g., moveable plate 81) of the system ([0051, 0078-0079, 0122, FIGS. 7-8]). Thus, Masuda teaches away from the claimed limitation and does not provide any suggestion to a person having ordinary skill in the art to arrive at the claimed limitation.
The prior art by Yachi (US 2010/0274160 A1) is analogous to Masuda, as they both teach surgical apparatus comprising an ultrasonic vibrator or transducer that provides ultrasonic vibrations through a probe ([0015, 0046-0047]).
Yachi teaches a probe holder contacts the treatment portion (the tubular probe holder 76 is formed of an insulation material and covers the ultrasonic probe 11 [0065]).
However, Yachi does not explicitly teach wherein probe holder is arranged such that the treatment portion is movable inside the probe holder to take a first state in which the treatment portion contacts the probe holder and a second state in which the treatment portion does not come into contact with the probe holder.
The Examiner concludes that the prior art does not provide the requisite teaching, suggestion, and motivation to suggest the recited claim limitation. Therefore, the inventive features recited in the pending claims are not disclosed by the prior art and are not suggested by an obvious combination of the most analogous prior art elements.
Claims 3-4, 6-8, and 11-15 are considered to contain allowable subject matter, as claims 3-4, 6-8, and 11-15 depend upon claim 1.
As stated previously above, claims 2, 5, and 9-10 are not allowable, as claims 2, 5, and 9-10 have been rejected under 35 U.S.C. 112(b).
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The Examiner respectfully submits that the prior art by Komiya (US 2017/0095262 A1) is pertinent to Applicant’s disclosure, as Komiya teaches an energy treatment system having jaws and an ultrasonic transducer that provides ultrasonic vibrations through a probe ([0009, 0012, 0014, 0055, 0058]).
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA BRENDON SOLOMON whose telephone number is (571)270-7208. The examiner can normally be reached on 7:30am -4:30pm.
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, Niketa Patel can be reached on (571)272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA BRENDON SOLOMON/Examiner, Art Unit 3792
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