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 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.
Claim(s) 1-9 and 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masuda et al. (US 20080172051 A1) (noted on IDS).
Regarding claim 1, Masuda discloses an ultrasound treatment tool (1), comprising:
a vibration transmitting member (11) (Figure 1; Paragraph 0076);
a holder (33) including a first through hole (slot of 33 that is protruded by 37) at a distal end of the holder, the holder located about an outer circumference surface of the vibration transmitting member (Figure 8; Paragraph 0084);
a rotary knob (32) including a second through hole (slot of 32 that is protruded by 37) at a distal end of the rotary knob, the rotary knob configured to rotate about a longitudinal axis of the vibration transmitting member (Figure 8; Paragraph 0086; 0123) (Masuda states pinch member 32 rotates along with the sheath thus is considered to be a rotary knob); and
a pin (37) passing through the first through hole and the second through hole (Figure 8; Paragraph 0086).
Regarding claim 2, Masuda further discloses wherein the holder and the rotary knob are integrally coupled with each other (Paragraph 0086).
Regarding claim 3, Masuda further discloses wherein the rotary knob is located about an outer circumference of the holder (Figure 8; Paragraph 0086), and wherein the first through hole is at a position opposing the second through hole (Figure 8).
Regarding claim 4, Masuda further discloses wherein the first through hole and the second through hole each extend in a direction intersecting a longitudinal axis of the holder (Figure 8).
Regarding claim 5, Masuda further discloses wherein the first through hole and the second through hole each extend in a direction perpendicular to a longitudinal axis of the holder (Figure 8).
Regarding claim 6, Masuda further discloses wherein the first through hole is located proximally relative to a distal face of the rotary knob (Figure 8).
Regarding claim 7, Masuda further discloses a handle (4) located proximally relative to the rotary knob (Figure 2, 8; Paragraph 0073), wherein an inner surface of the handle includes a proximal protrusion portion (labeled in Annotated Figure 8) that protrudes in a radially inward direction relative to the longitudinal axis (Annotated Figure 8).
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Regarding claim 8, Masuda further discloses wherein the holder includes a flange (33b) protruding in a radially outward direction relative to the longitudinal axis (Figure 8), and wherein the flange is positioned in the proximal protrusion portion (Figure 8).
Regarding claim 9, Masuda further discloses a slider (65) provided on the holder (Figure 15; Paragraph 0099) and configured to move along the longitudinal axis between a first position and a second position (Paragraph 0100),
wherein in the first position, a proximal portion of the slider and a distal portion of the slider are both located in the handle (Figure 15).
Regarding claim 12, Masuda further discloses a cylindrical pipe (5) into which the vibration transmitting member is inserted (Figure 1; Paragraph 0015; and
a jaw (17) disposed at a distal end of the cylindrical pipe (Figure 1; Paragraph 0079),
wherein at least a part (18, 19) of the cylindrical pipe is formed of a first conductive material (metal) (Paragraph 0079), and
wherein at least a part (30) of the jaw is formed of a second conductive material (metal) (Paragraph 0083).
Regarding claim 13, Masuda further discloses wherein the holder includes a distal protrusion portion (33a) located at a distal end of the holder (Figure 8; Paragraph 0086).
Regarding claim 14, Masuda further discloses wherein the distal protrusion portion includes one or more pairs of protrusions (each side of 33a) that project radially inward from an inner peripheral surface of the holder (Figure 8; Paragraph 0086).
Regarding claim 15, Masuda further discloses wherein the proximal protrusion portion comprises a pair of protrusion segments (Labeled in Annotated Figure 8) (Figure 8), and
wherein the flange is sandwiched between the pair of protrusion segments (Annotated Figure 8).
Regarding claim 16, Masuda further discloses wherein the proximal protrusion portion has a ring-shape (the protrusion holds the flange of 33b thus must be a ring-shape to do so), and wherein the proximal protrusion portion includes a slot that recesses in a direction away from the longitudinal axis and extends in a circumferential direction about the longitudinal axis (Figure 8).
Regarding claim 17, Masuda discloses an ultrasound treatment system, comprising:
the ultrasound treatment tool according to claim 1 (see rejection to claim 1 above); and
a control device (414) configured to control the ultrasonic vibration (Paragraph 0157).
Regarding claim 18, Masuda further discloses a handle (4), wherein a location of at least one of the holder and the rotary knob is fixed relative to the handle along the longitudinal axis (Paragraph 0086).
Regarding claim 19, Masuda further discloses wherein both the holder and the rotary knob are positioned radially relative to the longitudinal axis (Figure 8).
Regarding claim 20, Masuda further discloses wherein the proximal protrusion portion comprises a first proximal protrusion (proximal one of each labeled protrusion segment) and a second proximal protrusion (distal one of each labeled protrusion segment) (Annotated Figure 8),
wherein in the radially inward direction, the first proximal protrusion is longer than the second proximal protrusion (Figure 8), and
wherein a radially inward surface of the first proximal protrusion contacts the holder at a first position on the holder, where the first position on the holder is different from a position of the flange (Figure 8).
Allowable Subject Matter
Claims 10-11 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 10, Masuda discloses the ultrasonic surgical tool of claim 8 and further discloses a slider (65) provided on the holder (Figure 15; Paragraph 0099) and configured to move along the longitudinal axis between a first position and a second position (Paragraph 0100), wherein in the first position, a proximal portion of the slider and a distal portion of the slider are both located in the handle (Figure 15). Masuda fails to explicitly disclose wherein the flange and the proximal protrusion portion are located proximally relative to the slider. One of ordinary skill in the art would not have been motivated to modify the device of Masuda to include wherein the flange and the proximal protrusion portion are located proximally relative to the slider, as it would serve no added benefit to the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200345389 A1 and US 20200345389 disclose the device of claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEHRA JAFFRI whose telephone number is (571)272-7738. The examiner can normally be reached 8 AM-5:30 PM.
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/Z.J./Examiner, Art Unit 3771
/KATHERINE H SCHWIKER/Primary Examiner, Art Unit 3771
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