DETAILED ACTION
This Office action is responsive to communications filed on 07/15/2026. Claims 1-10 have been amended. Claims 11 is newly added. Presently, Claims 1-11 remain pending and are hereinafter examined on the merits.
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 Arguments
Previous claim objections are withdrawn in view of the amendments filed on 07/15/2026.
Previous rejections under 35 USC § 112(a) are withdrawn in view of the amendments filed on 07/15/2026.
Previous rejections under 35 USC § 112(b) are withdrawn in view of the amendments filed on 07/15/2026.
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on Guju et al (US20230301627A1) applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The new grounds of rejection now relies on: Claims 1-2, & 7 are rejected under 35 U.S.C. 103 as being unpatentable over Guju et al (US20230301627A1) in view of Wedel et al (US5052396A).
Claim Objections
The following are objected to because of the following informalities:
Claim 5: line 1, “where the first”.
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 8-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 8: “at two opposite ends”-line 2, renders the claim indefinite. It is unclear if it refers to the same opposite ends referred to in claim 1 or different opposite ends of the assembly portion. For examination purposes, the Examiner assumes under the broadest reasonable interpretation they are different. Appropriate correction is required.
The dependent claims of the above rejected claims are rejected due to their dependency.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-2, & 7 are rejected under 35 U.S.C. 103 as being unpatentable over Guju et al (US20230301627A1) in view of Wedel et al (US5052396A).
Claim 1: Guju discloses: An ultrasonic surgical holder, (¶Abstract, FIG. 1) comprising:
an assembly portion (coupling device 110 includes collar 112) including a through hole (probe opening 114) extending in a direction (The direction of the scanning plane 196, see FIG. 1) and configured to receive at least a part of an ultrasonic probe (190) (FIG. 1),
wherein the assembly portion (110) is detachably assembled with the ultrasonic probe (¶0034-0035, ¶0039) so that an irradiating end of (scanning surface 192 – the surface of the probe through which the ultrasound beam passes) the ultrasonic probe (190) corresponds to an operating space (See annotated FIG. 1 below – under the broadest reasonable interpretation in view of FIG. 1 of the Drawings of the Present Application filed on 06/26/2025) and forms an irradiating plane (scanning surface plane 194 – 194 is defined by 192) extending along the direction (FIG. 1 – the direction of the scanning plane 196); and,
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two operating portions (See FIG. 10 annotated below) respectively provided at two different ends of the assembly portion (FIG. 10) and extending in the direction (FIG. 10 in view of FIG. 1– the direction is still towards the operating space), wherein the operating space is configured between the assembly portion and the two operating portions (Device 1000 from FIG. 10 can be used in the same manner with ultrasound probe 190 in FIG. 1, ¶0047. There is shared base design with the only difference of an additional needle holder in FIG. 10. Accordingly, the operating space as illustrated above and interpreted under the broadest reasonable interpretation, would still teach the operating space between (i.e., bounded / enclosed) by the assembly portion and the two operating portions of the Device 1000),
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one of the two operating portions comprises a first module assembly structure (holder support 140) configured to detachably assemble a first module (needle holder portion 150), and the first module assembly structure includes a first assembly hole (Fig. 10. When assembled there would be an air gap defined between the inner walls of holder support 140 and the needle holder portion 150, which would constitute as a first assembly hole. The claim does not preclude this interpretation) corresponding to the operating space and penetrating through the one of the two operating portions (An air gap is present between 150 and 140. Hence, the direction of this first assembly hole would be “corresponding” to the operating space and penetrating though the one of the two operating portions, under the broadest reasonable interpretation.).
Regarding the feature of two operating portions respectively provided at two opposite ends of the assembly portion, such a feature is considered a design choice based on the following consideration:
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the configuration of modified the arrangement of the two operating portions of Guju such that the identified one of the two operating portions is arranged on the collar, opposite elements 1400 & 1500 that encompass the other one operating portion (i.e., such that coupling body 110 comprises both holder supports and holder portions positioned diametrically opposed on sides of the collar) are because it appears to be an arbitrary design choice consideration because it has been held that In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice) MPEP 2144.04 VI C., which fails to patentable distinguish over the cited reference. Further the applicant has not disclosed that the claim configurations of the elements solve any stated problem or is for any particular purpose or improvement. One of ordinary skill in the art would be able to obtain such a configuration through routine experimentation. Accordingly, such a modification would disclose two operating portions respectively provided at two opposite ends of the assembly portion.
Modified Guju fails to disclose that the assemble portion include[s] a first assembly and a second assembly, the first assembly and the second assembly being assembled with each other to define a through hole extending in a direction and configured to receive at least a part of an ultrasonic probe,
However, Wedel in the context of needle guides for ultrasound transducers, discloses, an assembly portion (100) including a first assembly (first semi-circular and concave member 102, FIG. 3) and a second assembly (second semi-circular and concave member 104, FIG. 3), the first assembly and the second assembly being assembled with each other to define a through hole extending in a direction and configured to receive at least a part of an ultrasonic probe (See annotated FIG. 1 & FIG. 3 below – 102 and 104 are assembly via the latch and hinge mechanism.),
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It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the assembly portion of modified Guju to incorporate the teachings of Wedel. The motivation to do this yield predictable results such as to accommodate varying transducer dimensions.
Claim 2: Guju as modified discloses all the elements above in claim 1, Guju fails to disclose: wherein a first recess is recessed in one side of the first assembly, a second recess is recessed in one side of the second assembly, the first recess is aligned with the second recess to define the through hole, and a size of the through hole corresponds to at least a part of an outer diameter of the ultrasonic probe.
However, Wedel in the context of needle guides for ultrasound transducers, discloses, wherein a first recess is recessed in one side of the first assembly (The concave portion of 102 is a first recess), a second recess is recessed in one side of the second assembly (The concave portion of 104 is a second recess), the first recess is aligned with the second recess to define the through hole, and a size of the through hole corresponds to at least a part of an outer diameter of the ultrasonic probe (FIG. 1 and 2 see annotated FIGURES above).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the first and second assembly of modified Guju to incorporate the teachings of Wedel. The motivation to do this yield predictable results such as to accommodate varying transducer dimensions.
Claim 7: Guju as modified discloses all the elements above in claim 1, Guju discloses: wherein at least one of the two operating portions is pivoted relative to the assembly portion and away from the irradiating plane (¶0011; the opening central axis is disposed at a 90-degree angle relative to the scanning surface plane in the second position. See also ¶0010, ¶0045).
Claim 3-6 & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Guju et al (US20230301627A1) in view of Wedel et al (US5052396A), as applied to claim 2 & 1 respectively, in further view of Elkadi (US20180235649A1).
Claim 3: Guju as modified discloses all the elements above in claim 2, Guju fails to disclose: wherein at least a portion of the first module is detachably received in the first assembly hole.
However, Elkadi in the context of adjustable surgical devices with ultrasound probes discloses: wherein at least a portion of the first module (guide portion 120, FIG. 4) is detachably received in the first assembly hole (the hole of 110, FIG. 4-5; ¶0036: tab portion 126 may have one or more apertures 128 defined therein and configured to receive a retention pin 130 (or other retention element), in a temporary or permanent manner, which may be coupled with a given mounting portion 110 – 110 would require a receiving feature – such as a hole, bore, socket – hold or anchor the pin in place.).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the first module assembly structure of modified Guju to incorporate the first module assembly structure of Elkadi that includes at least a portion of the first module detachable received in the first assembly hole. The motivation to do this yield predictable results such as to improve the advancement and/or retraction of a given surgical instrument within a given range of linear movement, thereby controlling the proximal and distal movement of the surgical instrument, as suggested by Elkadi, ¶0039 and for the advantage of providing an improved apparatus with such an apparatus being able to provide a plug-and-play element that lends itself to quick and easy changing out in the use of surgical devices, as suggested by Elkadi, ¶0036.
Claim 4: Guju as modified discloses all the elements above in claim 3, Guju discloses: wherein the first module includes at least one holding hole extending in a direction perpendicular to the direction and horizontally aligned with the irradiating plane.
However, Elkadi in the context of adjustable surgical devices with ultrasound probes discloses: wherein the first module includes at least one holding hole (124) extending in a direction perpendicular to the direction (FIG. 6) and horizontally aligned with the irradiating plane (See annotated FIG. 6 below a part of the at least one holding hole 124 does extend in the direction perpendicular to the direction and horizontally aligned with the irradiant plane.)
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It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the first module of modified Guju to the teachings of Elkadi. The motivation to do this yield predictable results such as to improve the advancement and/or retraction of a given surgical instrument within a given range of linear movement, thereby controlling the proximal and distal movement of the surgical instrument, as suggested by Elkadi, ¶0039 and for the advantage of providing an improved apparatus with such an apparatus being able to provide a plug-and-play element that lends itself to quick and easy changing out in the use of surgical devices, as suggested by Elkadi, ¶0036.
Regarding the limitations of claim 4 - “an inner diameter of the at least one holding hole corresponds to an outer diameter of a laser calibrator." directed to the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the invention modified Guju is capable of performing the functions as set forth by applicant, see MPEP 2114.
Claim 5: Guju as modified discloses all the elements above in claim 3, Guju fails to disclose: wherein the first module includes at least one needle holding hole extending in a direction perpendicular to the direction and horizontally aligned with the irradiating plane,
However, Elkadi in the context of adjustable surgical devices with ultrasound probes discloses:
wherein the first module includes at least one needle holding hole (124) extending in a direction perpendicular to the direction (FIG. 6) and horizontally aligned with the irradiating plane, (See annotated FIG. 6 below a part of the at least one holding hole 124 does extend in the direction perpendicular to the direction and horizontally aligned with the irradiant plane.)
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It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the first module of modified Guju to the teachings of Elkadi. The motivation to do this yield predictable results such as to improve the advancement and/or retraction of a given surgical instrument within a given range of linear movement, thereby controlling the proximal and distal movement of the surgical instrument, as suggested by Elkadi, ¶0039 and for the advantage of providing an improved apparatus with such an apparatus being able to provide a plug-and-play element that lends itself to quick and easy changing out in the use of surgical devices, as suggested by Elkadi, ¶0036.
Regarding the limitations of claim 5 - “and an inner diameter of the at least one needle holding hole corresponds to an outer diameter of a needle holding member." directed to the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the invention modified Guju is capable of performing the functions as set forth by applicant, see MPEP 2114.
Claim 6: Guju as modified discloses all the elements above in claim 5, Guju fails to disclose:
wherein an edge of the operating portion comprising the first module assembly structure has a first notch extending toward the operating space and connected to the first assembly hole, and the first module has a second notch aligned with the first notch and extending toward the operating space, wherein, when the first module is assembled with the first module assembly structure, the second notch is connected to the first notch and the at least one needle holding hole.
However, Elkadi in the context of adjustable surgical devices with ultrasound probes discloses:
wherein an edge (126) of the operating portion comprising the first module assembly structure has a first notch (126a) extending toward the operating space and connected to the first assembly hole (the hole of 110, FIG. 4-5; ¶0036: tab portion 126 may have one or more apertures 128 defined therein and configured to receive a retention pin 130 (or other retention element), in a temporary or permanent manner, which may be coupled with a given mounting portion 110 – 110 would require a receiving feature – such as a hole, bore, socket – hold or anchor the pin in place.), and the first module has a second notch (the other 126a) aligned with the first notch (these elements are parallel to each other see FIG. 4-6) and extending toward the operating space (FIG. 6 – the elements extend in the direction of the operating space), wherein, when the first module is assembled with the first module assembly structure (FIG. 5-6), the second notch is connected to the first notch and the at least one needle holding hole (124 – each of these features are physically connected as an integral features of the same guide portion 120).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the first module of modified Guju to the teachings of Elkadi. The motivation to do this yield predictable results such as to improve the advancement and/or retraction of a given surgical instrument within a given range of linear movement, thereby controlling the proximal and distal movement of the surgical instrument, as suggested by Elkadi, ¶0039 and for the advantage of providing an improved apparatus with such an apparatus being able to provide a plug-and-play element that lends itself to quick and easy changing out in the use of surgical devices, as suggested by Elkadi, ¶0036.
Claim 11: Guju as modified discloses all the elements above in claim 1, Guju discloses: wherein the other one of the two operating portions comprises a second module assembly structure (holder support 1400), the second module assembly structure includes a second assembly hole (An air gap is present between 1500 and 1400. Hence, the direction of this second assembly hole would be “corresponding” to the operating space and penetrating though the other one of the two operating portions, under the broadest reasonable interpretation.) corresponding to the operating space and penetrating through the other one of the two operating portions, (See also FIG. 10 annotated below) and a second module (1500)
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Guju fails to disclose: the first module is detachably disposed in the first assembly hole, a second module is detachably disposed in the second assembly hole, the first module includes at least one holding hole, the second module includes at least one needle holding hole.
However, Elkadi in the context of adjustable surgical devices with ultrasound probes discloses: the first module (guide portion 120 on the left side, FIG. 5-6) is detachably disposed in the first assembly hole, a second module (guide portion 120 on the right side, FIG. 5-6) is detachably disposed in the second assembly hole, (each of these guides correspond to the hole of 110, FIG. 4-5; ¶0036: tab portion 126 may have one or more apertures 128 defined therein and configured to receive a retention pin 130 (or other retention element), in a temporary or permanent manner, which may be coupled with a given mounting portion 110 – 110 would require a receiving feature – such as a hole, bore, socket – hold or anchor the pin in place. Accordingly, each respective hole 110 corresponds to the first and second assembly hole. ), the first module includes at least one holding hole, the second module includes at least one needle holding hole (FIG. 7 - dual guided & multi-tool capacity; ¶0043: “A given guide portion 120 may be disposed on any surface (e.g., side, top/dorsal, bottom/ventral, or other) of body portion 104 or head portion 106 of ultrasound probe 102. In some embodiments, such as that generally shown in FIGS. 1-3, surgical device 100 may include two guide portions 120 disposed substantially opposite one another across body portion 104 of ultrasound probe 102.”; ¶0051: “The present disclosure is not intended to be limited only to electrosurgical and ultrasound surgical instruments, as other types of instruments typically used in surgeries (e.g., laser-based surgical instruments, needles, suction-based instruments, or tissue retractor instruments, among others) may be utilized in conjunction with surgical device 100,”).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the other one of the two operating portions of modified Guju to incorporate the second module assembly structure of Elkadi includes a second assembly hole corresponding to the operating space and penetrating through the other one of the two operating portions. The motivation to do this yield predictable results such as to improve the advancement and/or retraction of a given surgical instrument within a given range of linear movement, thereby controlling the proximal and distal movement of the surgical instrument, as suggested by Elkadi, ¶0039 and for the advantage of providing an improved apparatus with such an apparatus being able to provide a plug-and-play element that lends itself to quick and easy changing out in the use of surgical devices, as suggested by Elkadi, ¶0036.
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the first module & second module of modified Guju to incorporate the teachings of Elkadi. The motivation to do this yield predictable results such as to improve the advancement and/or retraction of a given surgical instrument within a given range of linear movement, thereby controlling the proximal and distal movement of the surgical instrument, as suggested by Elkadi, ¶0039 and for the advantage of providing an improved apparatus with such an apparatus being able to provide a plug-and-play element that lends itself to quick and easy changing out in the use of surgical devices, as suggested by Elkadi, ¶0036.
Regarding the limitations of claim 11 - “an inner diameter of the at least one holding hole corresponds to an outer diameter of a laser calibrator," & “and an inner diameter of the at least one needle holding hole corresponds to an outer diameter of a needle holding member." are directed to the intended use of the invention. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the invention modified Guju is capable of performing the functions as set forth by applicant, see MPEP 2114.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Claim 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Guju et al (US20230301627A1) in view of Wedel et al (US5052396A), as applied to claim 7, in further view of Park et al (US 2007/0276253 A1) in view of Zeng et al (US20230000519A1).
Claim 9: Guju as modified discloses all the elements above in claim 7, Guju discloses:
wherein the assembly portion has a pair of projections (the arms of 140 & 1400) respectively disposed at two opposite ends of the assembly portion (FIG. 10 – these projections are disposed at two opposite ends at a location of the assembly portion, respectively.),
Guju fails to disclose: each projection having a regular polygonal cross-section and a rotating shaft projecting along a longitudinal direction of the assembly portion; wherein at least one of the two operating portions has an assembly recess corresponding to one of the pair of projections and a rotating shaft hole corresponding to the rotating shaft, the rotating shaft hole being pierced through the assembly recess, and the rotating shaft being rotatably received in the rotating shaft hole;
However, Park in the context of needle guides for ultrasound guidance system’ discloses,
a projection (sheath 10 & shell 2, FIG. 1 & 4) having a regular polygonal cross-section (-The shape of extension 8) and a rotating shaft (shaft 49) projecting along a longitudinal direction of the assembly portion; (FIG. 10) wherein at the operating portion has an assembly recess corresponding to the projection and a rotating shaft hole (hole of shaft 49) corresponding to the rotating shaft, the rotating shaft hole being pierced through the assembly recess, and the rotating shaft being rotatably received in the rotating shaft hole (-The passage 8a of rotatable shaft 49 is equated to the rotating shaft hole, FIG. 10);
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the each projection of modified Guju to incorporate the teachings as taught by Park. The motivation to do this yield predictable results such as improving sterility and sealing as suggested by Park, ¶0010.
Guju fails to disclose: and wherein a compression spring is disposed between the assembly portion and the at least one operating portion and configured to push the projection into the assembly recess, and, when the compression spring is compressed, the projection is separated from the assembly recess to allow the at least one operating portion to pivot relative to the assembly portion.
However, Zeng in the context of adjustable needle guiding brackets, discloses: wherein a compression spring (¶0010-0011, ¶0029 – elastic element 136) is disposed between the assembly portion and the at least one operating portion (FIG. 1) and configured to push the projection projections into the assembly recess, (¶0009, ¶0028-0029, Claim 1)
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the each projection of modified Guju to incorporate the teachings of Zeng. The motivation to do this yield predictable results such as providing a stronger and lasting support to maintain outward pressure as suggested by Zeng, ¶0029.
Regarding the limitations of claim 8 - “when the compression spring is compressed, the one of the pair of projections is separated from the assembly recess to allow the at least one operating portion to pivot relative to the assembly portion" directed to the intended use of the invention. It describes the manner of operating use of the already recited apparatus, rather than imposing an additional structural distinction. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, as taught, the invention modified Guju is capable of performing the functions as set forth by applicant, see MPEP 2114
Claim 9: Zine as modified discloses all the elements above in claim 8, Zine fails to disclose:
wherein the regular polygonal cross-section of each projection is a regular quadrilateral.
However, Park is relied upon above discloses, wherein the regular polygonal cross-section of each projection is a regular quadrilateral. (FIG. 4)
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the regular polygon cross section of each projection of modified Guju such that it a regular quadrilateral as taught by Park because it has been held that “The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.”. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) . see MPEP 2144.04 IV B - Changes in Shape. Further, the applicant places no criticality on the shape claimed. One of ordinary skill in the art would be able to obtain such a configuration through routine experimentation.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Claim 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Guju et al (US20230301627A1) in view of Wedel et al (US5052396A) in view of Park et al (US 2007/0276253 A1) in view of Zeng et al (US20230000519A1), as applied to claim 7, in further view of Sonek (US 4,899,756).
Claim 10: Guju as modified discloses all the elements above in claim 9, Guju fails to disclose: wherein an end of the rotating shaft is provided with a resting member, and the compression spring is sleeved at the end of the rotating shaft and disposed between the at least one operating portion and the resting member.
However, Park discloses, wherein an end of the rotating shaft is provided with a resting member (ring 24),
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the rotating shaft of modified Guju to incorporate the teachings as taught by Park. The motivation to do this yield predictable results such as improving sterility and sealing as suggested by Park, ¶0010.
Guju in view of Park fails to disclose: and the compression spring is sleeved at the end of the rotating shaft and placed between the at least one operating portion and the resting member.
However, Sonek is relied upon above discloses: a compression spring (spring 138) is sleeved at the end of the rotating shaft and placed between the at least one operating portion and the resting member (FIG. 3-5, & 7).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the compression spring of modified Guju such that it includes the compression spring at the end of the rotating shaft that is placed between an operation portion and a resting member as taught by Sonek. The motivation to do this yields predictable results such as providing a secure connection, [Col. 3 l.34-41].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Uchibori (US20090171219A1) discloses two operating portions located on opposite sides of the probe. See FIG. 1.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Robinson whose telephone number is (571)272-9019. The examiner can normally be reached M-F 9:00AM-5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.A.R./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798