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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a movement transfer element” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-2 and 4-5,9-12, 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bhatia et al. (US 2022/0096099).
Regarding claim 1, Bhatia et al. disclose a bilateral rupturing tool (100) for minimally invasive surgical interventions comprising a longitudinal element oriented according to a main longitudinal axis (considered the central longitudinal axis of 100) which in turn comprises a first longitudinal body (302) configured for performing a linear movement along the main longitudinal axis and comprising a first distal end (end which attaches to 820), a second longitudinal body (316), arranged parallel to the first longitudinal body (figures 8-9 ), configured for performing a linear movement along the main longitudinal axis (figures 5, 9-10) and comprising a second distal end (end which attaches to 818); a rupturing assembly which in turn comprises a rupturing element (308) comprising an axis of rupture (the central longitudinal axis of 308) and configured for receiving and performing a rupturing movement about the axis of rupture (figures 5-7, 9-10) and for performing an angular movement (figures 5, 9-10), forming a plurality of angles a with respect to the main longitudinal axis (figure 5) comprised in a main plane (figure 9), said main plane containing the main longitudinal axis and the axis of rupture; and a movement transfer element (306), comprising a distal portion (figure 9), wherein the movement transfer element is arranged inside the longitudinal element (figure 9), between the first longitudinal body and the second longitudinal body (figure 9; is attached to the rupturing element by the distal portion (figure 9), and is configured for receiving and performing a rupturing movement and for transferring the rupturing movement to the rupturing element (figures 9-10), an articulated attachment means (310) which comprises a first section (see figure below) attached to the first distal end of the first longitudinal body; a second section (see figure below) attached to the second distal end of the second longitudinal body; and a central section (see figure below) comprising a through hole (see figure below) with the rupturing assembly going through same, the rupturing assembly being fixed to the inside of the through hole; wherein the articulated attachment means is configured for performing an angular movement in the main plane of the rupturing tool, such that when the first longitudinal body performs linear movement in the proximal- distal direction, the second longitudinal body performs linear movement in the distal-proximal direction and the rupturing element (figure 9) performs angular movement in the main plane in a first direction (figure 9, ¶112, ¶123), and when the first longitudinal body performs linear movement in the distal- proximal direction, the second longitudinal body performs linear movement in the proximal-distal direction (figure 10) and the rupturing element performs angular movement in the main plane in the direction opposite the first direction (figure 10, ¶112, ¶123).
Regarding claim 2, Bhatia et al. disclose wherein the rupturing assembly goes through and is fixed to the inside of the through hole by means of the rupturing element; or by means of the movement transfer element; or partially by means of the rupturing element and partially by means of the movement transfer element; or by means of a bearing (916) fitted in the through hole (figure 9); or by means of a combination of two or more of the foregoing.
Regarding claim 4, Bhatia et al. disclose at least a first attachment and/or coupling means (304) configured for attaching and/or coupling the movement transfer element to a rupturing movement generator device (802, figure 8, ¶108).
Regarding claim 5, Bhatia et al. disclose a support body (halves of shell 110, see figure below) surrounding, at least partially, the longitudinal element, and a second attachment and/or coupling means (“screws” in figure 4, see figure below) configured for attaching and/or coupling the support body to a rupturing movement generator device (figure 4).
Regarding claim 9, Bhatia et al. disclose an actuator (112) configured for generating and transmitting a linear movement to the first longitudinal body and to the second longitudinal body such that both longitudinal bodies move linearly in opposite directions (figures 9-10, ¶123).
Regarding claim 10, Bhatia et al. disclose the first longitudinal body comprises a first longitudinal notch configured for cooperating with the actuator (opening which houses 820); and the second longitudinal body comprises a second longitudinal notch (see figure below) configured for cooperating with the actuator; and wherein the actuator comprises: a first rod (820) configured for penetrating and cooperating with the first longitudinal notch (figure 8); a second rod (818) configured for penetrating and cooperating with the second longitudinal notch (figure 8); and an actuation trigger (112) attached to the first rod (figure 8); wherein the first rod and the second rod are arranged in parallel and attached to one another by two longitudinal parts (804’s, figure 4) at the ends thereof such that when the actuation trigger performs a rotational movement in the proximal-distal direction with respect to an axis of rotation located between the first rod and the second rod (figure 5), the first rod performs a rotational movement in the proximal-distal direction, causing the first longitudinal body to perform a proximal-distal linear movement (figures 9-10); and the second rod (182) performs a rotational movement in the distal- proximal direction, causing the second longitudinal body to perform a distal- proximal linear movement (figures 9-10); and- when the actuation trigger performs a rotational movement in the distal- proximal direction with respect to the axis of rotation (figure 5), the first rod performs a rotational movement in the distal-proximal direction, causing the first longitudinal body to perform a distal-proximal linear movement; and the second rod (182) performs a rotational movement in the proximal- distal direction, causing the second longitudinal body to perform a proximal- distal linear movement (figures 9-10).
Regarding claim 11, Bhataia et al. disclose positioning and securing means for the actuator (810 + 818), wherein the positioning and securing means for the actuator (180) are configured for positioning and securing the actuator in a plurality of different positions, such that, for each of said positions, the distance between the first distal end and the second distal end of both longitudinal bodies is different (¶124).
Regarding claim 12, Bhatia et al. disclose the actuator further comprises a return spring (820/828) configured for exerting a return force on the first longitudinal body and the second longitudinal body such that the relative movement between said bodies is substantially zero (¶126-127).
Regarding claim 14, Bhatia et al. disclose comprising a suction line (2504) couplable to an external suction device for the removal of tissues (¶1515, ¶160).
Regarding claim 15, Bhatia et al. disclose the first longitudinal body and/or the second longitudinal body are rigid and/or straight (figures 1-9).
Regarding claim 16, Bhatia et al. disclose a bilateral rupturing system for minimally invasive surgical interventions (figure 4), comprising a rupturing movement generator device (802, figure 8) configured for generating and performing a rupturing movement (figures 1-9); at least one rupturing tool (100) according to claim 1 couplable to the rupturing movement generator device (figure 4) at least by means of the movement transfer element (¶82); and wherein the rupturing movement generator device is further configured for transferring the rupturing movement to the movement transfer element (figures 1-10).
Regarding claim 17, Bhatia et al. disclose a rupturing movement generator device (802) configured for generating and performing a rupturing movement (figures 1-10, ¶82); at least one rupturing tool (100) according to claim 5, couplable to the rupturing movement generator device by means of the movement transfer element and by means of the support body; wherein the rupturing movement generator device is configured for transferring the rupturing movement to the movement transfer element; and wherein the rupturing movement generator device further comprises an actuator (110/112) configured for generating and transmitting a linear movement to the first longitudinal body and to the second longitudinal body such that both longitudinal bodies move linearly in opposite directions upon receiving the linear movement from the actuator (figures 1-10).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Bhatia et al. (US 2022/0096099) in view of Heneberry et al. (US 2006/0142775(.
Regarding claim 3, Bhatia et al. disclose the claimed invention except for the movement transfer element (140) and/or the rupturing element (130) are cannulated.
Heneberry et al. disclose a rupturing element (figures 2A-2B) that is cannulated (20, figure 2B). The cannulation allows for the ability to draw tissue particles created by the rupturing element into and through the rupturing element away from the working area to clear it of debris and into a collection container for future use or disposal (¶33).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the rupturing element of Bhatia et al. to include a cannulation as taught by Heneberry et al. as the cannulation allows for the ability to draw tissue particles created by the rupturing element into and through the rupturing element away from the working area to clear it of debris and into a collection container for future use or disposal.
Allowable Subject Matter
Claims 6-8 and 13 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 following is a statement of reasons for the indication of allowable subject matter: Regarding claim 6, none of the cited prior art (see attached PTO-892) anticipates or renders obvious various aspects of the claim. In particular, the cited art fails to teach the claimed tubular guide having, a striking edge, a prolongation of the longitudinal conduit, a guide arch with proximal and distal arch portions comprising coupling means, respectively interacting to create a plurality of different positions between the proximal and distal arches.
With respect to claim 13, none of the cited prior art (see attached PTO-892) anticipates or renders obvious various aspects of the claim. In particular, the cited art fails to teach the claimed first and second outer threads configured for cooperation with the actuator, the threads having opposite thread directions and a nut with respective first and second inner thread portions which engage and match the respective first and second outer threads working to create a double spindle mechanism. For at least these reasons, claims 6-8 and 13 are indicated as having novelty over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
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