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 Arguments
Applicant’s arguments filed 10/02/2025 have been fully considered but are not persuasive or are moot in view of a new grounds of rejection.
Regarding Applicant’s argument that “the spline shafts 300a-e, however, do not penetrate both the carriage 340 and the proximal end portion 410, as required by the claimed invention”, Examiner asserts that a second embodiment of Abbott teaches an instrument actuator (fig. 30: 800; [0141]) comprising a proximal layer (fig. 32: 840a) and a distal layer (840b), wherein spline shafts (810a-d) penetrate the proximal and distal layers (fig. 32; [0142]).
The second embodiment of Abbott further teaches that this arrangement ensures a robust coupling between instrument drive outputs/inputs [0142].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the surgical tool of the first embodiment of Abbott, to provide spline penetrating the one or more proximal and distal layers, as taught by the second embodiment of Abbott, because doing so ensures a robust coupling between instrument drive outputs/inputs.
Applicant argues, “Independent claim 12 requires "a jack attached to the one or more proximal layers and including a leg engaged against the one or more distal layers, the jack being operable to extend the leg and thereby force the one or more proximal layers to separate from the one or more distal layers when the latch is in the unlocked position." Abbott and Kinder, whether taken alone or in combination, fail to teach, show, or suggest these limitations.”
Examiner respectfully disagrees. Abbott teaches
a jack ([0124]: combination of any one of leadscrew 350a-b and drive motors; [0120]; fig. 23) attached to the one or more proximal layers (fig. 23) and including a leg (fig. 23: any one of leadscrews 350a-b; fig. 21; [0127]) engaged against the one or more distal layers ([0127]: carriage 340 engages with 410, therefore the leadscrews 350a-b will engage with the distal layer; fig. 22-fig. 24),
the jack being operable to extend the leg ([0124]: leadscrews are coupled to drive motors and are used to drive i.e. extend leadscrews 350a-b) and thereby force the one or more proximal layers to separate from the one or more distal layers when the latch is in the unlocked position ([0127]: the leadscrews 350a-b translate the carriage 340 along axis 361, and therefore will separate the proximal layer from the distal layer when the latch is in the unlocked position and no longer attaches the two layers together).
Applicant argues, “…the leadscrews 350a-b are not taught or suggested to "engage against" proximal end portion 410 of Abbott. The Meriam-Webster Dictionary most appropriately defines "engage" as "to come together and interlock."1 Applicant asserts that the leadscrews 350a-b are not taught or suggested to interlock with the proximal end portion 410, or to directly interface or come together with the proximal end portion 410 in any way. Rather, FIG. 23 of Abbott depicts the leadscrews 350a-b as being recessed into the housing 362 and penetrating through the corresponding lobes of the carriage 340, while FIG. 24 of Abbott depicts the proximal end portion 410 as lacking the corresponding lobes against which the leadscrews 350a-b would engage. As such, any engagement between the carriage 340 and the proximal end portion 410 would not necessitate engagement between the leadscrews 350a-b and the proximal end portion 410, as asserted by the Office Action. Abbott is further silent as to any engagement or interaction between the proximal end portion 410 and the leadscrews 350a-b.”
Examiner respectfully disagrees. Under broadest reasonable interpretation, “a leg engaged against the one or more distal layers” can be interpreted as at least indirectly attached to allow for transfer of motion and power. In this instance, Abbott teaches that the carriage 340 is driven by the leadscrews 350a-b [0127], which would also translate the instrument 400 [0126-0127]. Thus, the leadscrews 350a-b are interpreted as being engaged against the one or more distal layers, sine the leadscrews 350a-b moving causes the distal layer to also move through indirect translation of motion.
Applicant argues, “As noted above, the Office Action equates the claimed "carriage" with a combination of the carriage 340 and the proximal end portion 410 of Abbott, and equates the claimed "one or more proximal layers" with the carriage 340. The Office Action further equates the claimed "shroud" with the "exterior of drive housing 362" of Abbott, equates the claimed "fin" with latch member 16 of Kinder, and further equates the claimed "firing rod" with a first tensioning member of Abbott. Office Action at pg. 11. However, there is no teaching or suggestion that latch member 16 of Kinder would be "extending from the" carriage 340 "and radially protruding through a window defined in the" exterior of housing 362, as required by the claimed invention. Rather, Kinder teaches only that "latch 16 pivotably connects to upper portion 12 inside recessed area 56." Kinder col. 3, II. 6-7. Further, Abbott is silent as to any protrusion through the exterior of drive housing 362. As such, Applicant asserts that the combination of Kinder and Abbott would fail to produce the claimed invention without the use of impermissible hindsight reasoning.”
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Examiner respectfully states that Abbott teaches a latch mechanism that is securely but removably attached to carriage 340 [0127]. Therefore, the proposed combination of Abbott in view of Kinder would yield wherein the latch of Kinder is placed on the carriage 340 of Abbott and would teach a fin (Kinder: latch member 16) to be radially protruding through a window (Abbott: Fig. 22: the opening at the front of instrument actuator 360) defined in the shroud (Abbott: the exterior of drive housing 362 i.e. the shroud).
Applicant argues, “Furthermore, the Office Action equates the claimed "window" with "the opening at the front of instrument actuator 360" of Abbott. Office Action at pg. 12. However, as the Office Action equates the claimed "shroud" with "the exterior of drive housing 362", it is clear that no window is defined in the exterior of the drive housing 362. Rather, drive housing 362 is shown to have a continuous exterior surface that is uninterrupted by any window. As such, the equated "window" of Abbott fails to be "defined in" the exterior of housing 362, as required by the claimed invention, and instead is a feature of the shape of housing 362 itself.”
Examiner respectfully states that under broadest reasonable interpretation, the limitation “window” can be interpreted an unframed gap in the housing 362. Furthermore, housing 362 is directed to the housing of the instrument actuator 360, whereas the claimed window is directed to the opening at the front of instrument actuator 360 (fig. 22). Therefore, the instrument actuator 360 having an opening in the front (fig. 22) reads on the claimed window.
Claim Rejections - 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.
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 1-12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Abbott (US 2021/0022815) in view of a second embodiment of Abbott [in view of Kinder et al. (US 6,571,740)].
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Examiner Figure 1 (Annotated Fig. 22) - Abbott
In re claim 1, Abbott discloses a surgical tool (Fig. 22: instrument actuator 360), comprising:
a drive housing (362) having a first end (see Examiner Fig. 1 above);
a spline (Fig. 20 / Fig. 23: any one of spline shafts 300a-e) extending from the first end (spline shafts 300a-e extend from the first end);
a carriage (340/410) comprising
one or more proximal layers (340) and
one or more distal layers (Fig. 24: 410); and
the spline penetrating the one or more proximal (fig. 20 / fig. 23: spline shafts are inserted (penetrate) through proximal layer 340; [0018]) layers and
the one or more proximal and distal layers being
movable along the spline (proximal layer 340 and distal layer 410 are secured together via a latch [0127], therefore, since carriage (Fig. 22: 340/410) can slide along the spline shafts 300a-e when mounted with the spline shafts [0118, 0126-0127], specifically when proximal layer 340 and distal layer 410 are secured together [0126], then the proximal layer and the distal layer are movable along the spline shafts (300a-e));
a firing rod (([0014-0015]: first tensioning member extending along the instrument shaft is interpreted as a firing rod which is coupled to the end effector and the instrument drive input; [0129])
operatively coupled to ([0014]: the first tensioning member stops at the instrument drive input which is connected to the proximal end portion) and
received within the one or more proximal layers ([0129]: firing rod includes shaft 420 which slides through lumen 180; fig. 22 and fig. 24);
an end effector including a cutting element
([0182]: Abbott teaches another embodiment where an end effector fires a knife and Abbott further discloses that an element in one embodiment may be included in another embodiment even if it is not explicitly mentioned in the other embodiment [0084]; additionally, it would be obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the end effector of a surgical instrument to include a cutting element),
operatively coupled to a distal end of the firing rod ([0014]: distal end of the firing rod is the part coupled to the end effector); and
a latch ([0127]: latch mechanism securely and removably attaches 400/410 to proximal layer 340; [0031]: spring-loaded latch mechanism) pivotable* between
a locked position, where the latch secures the one or more proximal layers to the one or more distal layers ([0127]: position that secures instrument 400 to carriage 340/410), and
an unlocked position, where the one or more proximal layers are free to separate from the one or more distal layers ([0127]: position where instrument 400 can be removed from proximal layer 340)
wherein the one or more proximal layers are retractable along the spline when the latch is in the unlocked position ([0128]: latch mechanism can be moved to an unlocked position allowing carriage 340 to retract along the spline; [0031-0034]), thereby simultaneously retracting the firing rod and the cutting element ([0031-0034]: surgical instrument may be releasably couplable with the carriage and surgical instrument can be detached from instrument drive system by retracting the instrument out of engagement with the drive system; [0014-0015]: firing rod and the end effector which includes the cutting element are connected so retracting the surgical instrument when the proximal layer is being retracted would also retract the firing rod and the cutting element).
Abbott fails to disclose the spline penetrating the one or more proximal and distal layers.
A second embodiment of Abbott teaches an instrument actuator (fig. 30: 800; [0141]) comprising a proximal layer (fig. 32: 840a) and a distal layer (840b), wherein spline shafts (810a-d) penetrate the proximal and distal layers (fig. 32; [0142]).
The second embodiment of Abbott further teaches that this arrangement ensures a robust coupling between instrument drive outputs/inputs [0142].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the surgical tool of the first embodiment of Abbott, to provide spline penetrating the one or more proximal and distal layers, as taught by the second embodiment of Abbott, because doing so ensures a robust coupling between instrument drive outputs/inputs.
*Regarding the limitation, “a latch pivotable between a locked position, where the latch secures the one or more proximal layers to the one or more distal layers, and an unlocked position, where the one or more proximal layers are free to separate from the one or more distal layers”, Abbott discloses a latch and it’s apparent that one would conventionally refer to a latch as having a pivot between an engaged (i.e., locked) position where two parts are secured together, and then an unengaged (i.e., unlocked) position where two parts are released from one another. However, it is not inherent that a latch would have a pivot.
Therefore, alternatively, claim 1 is rejected under 35 U.S.C 103 over Abbott in view of a second embodiment of Abbott in view of Kinder as follows:
Kinder teaches an assembly (Fig. 7) that analogously connects a proximal layer (Fig. 4: 12) and a distal layer (14) together via a latch mechanism (all of the components in Fig. 5: pivotable latch member 16 pivots between sections on the proximal layer 12 and distal layer 14 where it can engage (Fig. 4) and unengaged with (Fig. 5)), wherein rotating the latch (Fig. 6 to Fig. 7: latch member 16 is rotated) pivots it between
a locked position where the latch secures the proximal layer to the distal layer (Fig. 4: locked position of latch member 16 secures proximal layer 12 and distal layer 14 together; Col. 1: lines 57-67), and
an unlocked position where the proximal layer is free to separate from distal layer (Fig. 5: latch member 16 is in an unlocked position where the proximal layer 12 is free to separate from the distal layer 14; Col. 1: lines 57-67 ).
Furthermore, although a simpler latch like a spring-loaded latch could have been used, Kinder teaches that the latch member 16 is prevented from moving while in the unlocked position (Col. 1: lines 57-67) due to a detent (Fig. 4 and Fig. 5: 68) which provides more control of the latch mechanism, and this also reduces any chances of the latch interfering with the attachment or detachment of the proximal and distal layers (Col. 1: lines 57-67).
The proposed combination would result in the exterior of the distal layer of Abbott having a similar protruding section of the proximal layer 12 of Kinder that is engaged with the latch member 16 (as shown in Kinder: Fig. 4) and the exterior of the proximal layer of Abbott would have a protruding section of proximal layer 14 of Kinder that is engaged with the latch member 16. Furthermore, the latch member 16 of Kinder could secure the proximal layer of Abbott to the distal layer of Abbott.
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the latch yielded by the proposed combination, to provide wherein Abbott incorporates the latch mechanism where a latch is pivotable between a locked position, where the latch secures the proximal layer to the distal layer, and an unlocked position, where the proximal layer is free to separate from the distal layers, as taught by Kinder, because doing so provide more control of the latch mechanism and prevent the latch from interfering with the attachment or detachment of the proximal and distal layers, as well as prevent movement of the latch while in the unlocked position.
In re claim 2, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) wherein the latch is pivotably mounted to the one or more distal layers to pivot between the locked and unlocked positions ([0127]: the latch mechanism is attached to the distal layer 410 and the latch mechanism would be capable of pivoting between a locked and an unlocked position to secure and unsecure the distal layer 410 with the proximal layer 340).
The proposed combination fails to yield wherein the latch is pivotably mounted to the one or more proximal layers to pivot into and out of the locked and unlocked positions.
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the latch mechanism disclosed by Abbott, to provide wherein the latch attached to the distal layer in Abbott is instead attached to the proximal layer (i.e., attached to member 340), because it would be a rearrangement of parts, as shown in re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); 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). Additionally, since there is no criticality in having the latch be attached to the proximal layer instead of the distal layer, rearranging the parts to where the latch is instead attached to the proximal layer would obtain the predictable result of securing the proximal layer to the distal layer and supports a conclusion of obviousness. MPEP 2144.04 VI (C).
In re claim 3, the proposed combination yields:
a shroud (Abbott: the exterior of drive housing 362) extending from the first end (Abbott: see Examiner Fig. 1 above wherein the shroud extends from the first end); and
a fin (Kinder: latch member 16) radially protruding through a window (Fig. 22: the opening at the front of instrument actuator 360) defined in the shroud (Fig. 22) and extending from the one or more proximal layers (see claim 2 above: the latch member 16 of Kinder is attached to proximal layer 340 of Abbott).
In re claim 4, the proposed combination yields wherein the latch is pinned to the fin of the one or more proximal layers (the latch mechanism of Kinder (Kinder: Fig. 5: the part of the latch mechanism protruding from proximal layer 12) will be secured on the proximal layer 340 of the Abbott after the proposed combination in claim 2, therefore the latch mechanism of Kinder will be pinned to the fin 16 of Kinder).
In re claim 5, the proposed combination yields further comprising a locking feature provided on the one or more distal layers (part of the latch mechanism (Kinder: Fig. 4: protrusion on the exterior right side of distal layer 14 that engages with latch member 16) will be attached to the distal layer 410 of the Abbott), wherein the latch is attachable to the locking feature in the locked position (Kinder and the Abbott: latch member 16 of Kinder will attach itself onto the locking feature located on the distal section 410 of the Abbott to engage the latch in a locked position).
In re claim 6, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) further comprising:
an elongate shaft (420) extending distally from the distal layer (420 extends outward i.e., distally from distal layer 410) and penetrating the first end ([0127]: shaft 420 of the instrument 400 slidably extends through a lumen of cannula 180);
the end effector being arranged at a distal end of the elongate shaft (end effector 430 is connected at a distal end (i.e. the end of the elongate shaft 420)), and
the firing rod extending through the elongate shaft ([0014]: first tensioning member extends along the instrument shaft);
a drive gear ([0120]: the gear between 300a and 360a) coupled to the spline [0120]: gear is coupled between driven member (i.e., the spline shaft 300a) and drive motor 360a) and rotatable with rotation of the spline [0121]: gears coupled to drive motor 360a which rotatably drives spine shaft 300a); and an activating mechanism ([0126]: caused from drive output 312a actuating movements to corresponding drive input 412a) housed in the one or more proximal layers (Fig. 24: 412a, 400: instrument drive input 412a is part of the distal layer 410) and operatively coupled to the drive gear such that rotation of the drive gear actuates the activating mechanism ([0119-0126]: drive gear is coupled to drive motor 360a which permits rotation to instrument drive output 312a);
wherein actuating the activating mechanism causes the firing rod to advance
([0014-0015]: first tensioning member extending along the instrument shaft is interpreted as a firing rod which is coupled to the end effector and the instrument drive input; [0120-0121]: drive gear is coupled to drive motor 360a which permits rotation to instrument drive output 312a; [0126]: instrument drive output 312a couples with instrument drive input 412a (i.e. activating mechanism being actuated) to advance the firing rod causing the actuation of various different movements and actions of end effector 430).
In re claim 7, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) wherein activating the activating mechanism advances or retracts the cutting element ([0126]: activating the activating mechanism allows for the cutting element on the end effector 430 to advance when different movements and actions are actuated).
In re claim 8, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated)
wherein the spline comprises a first spline (300a),
the drive gear comprises a first drive gear ([0120]: the gear between 300a and 360a) and the activating mechanism comprises a first activating mechanism ([0126]: same as the activating mechanism caused from drive output 312a actuating movements to corresponding drive input 412a),
the surgical tool further comprising:
a second spline (300b) extending from the first end (see Examiner Fig. 1 above and Fig. 23: 300b);
a second drive gear ([0120]: the gear between 300b and 360b) coupled to the second spline ([0120]: gear is coupled between driven member (i.e., the spline shaft 300b) and drive motor 360b) and rotatable with rotation of the second spline ([0121, 0125]: gears coupled to drive motor 360b which rotatably drives spine shaft 300b); and
a second activating mechanism ([0126]: caused from drive output 312b actuating movements to corresponding drive input 412b) housed in the one or more distal layers (Fig. 24: 412b, 410: instrument drive input 412b is part of the distal layer 410) and operatively coupled to the second drive gear ([0120-0121]: second drive gear is coupled to drive motor 360b which permits rotation to instrument drive output 312b) to open or close a pair of jaws provided at the end effector upon activation of the second activating mechanism ([0126]: various movements can be actuated to the end effector 430; [0092]: actuation of the end effector can include opening or closing of the jaws).
In re claim 9, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) wherein the one or more proximal layers includes a jack (any one of leadscrew 350a-b on proximal layer 340) operable to separate the one or more proximal layers from the one or more distal layers when the latch is moved to the unlocked position ([0127]: the leadscrews 350a-b translate the proximal layer 340 along axis 361, and therefore will separate the proximal layer 340 from the distal layer 410 when the latch is in the unlocked position and no longer attaches the two layers together).
In re claim 10, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) wherein the jack includes a rotatable screw (any one of leadscrew 350a-b are also a rotatable screw; [0118]) operatively connected to an extendible leg ([0127]: as the leadscrews 350a-b translate proximal layer 340 down, an extendible leg (i.e., the part of shaft 420 that is inserted inside cannula 180) also slidably extends downward into the lumen of cannula 180), and wherein rotation of the screw extends the extendible leg against the one or more distal layers ([0127]: as the leadscrew 350a-b and proximal layer 340 moves downwards the extendible leg will continue expanding down towards canula 180, which is opposite (i.e., against) the direction of the distal layer 410).
In re claim 11, regarding the limitations “a shroud extending from the first end”, see claim 3 above.
Regarding the limitations “wherein the rotatable screw is accessible through a window defined in the shroud”, the Abbott yields wherein the rotatable screw is accessible through a window (Fig. 22 and Fig. 23: a window (i.e., the space above proximal layer 340 when distal layer 410 is not attached) which allows for access to any one of the rotatable screws 350a-b) defined in the shroud (the rotatable screw and the window are part of the shroud (i.e. the exterior of drive housing 362)).
In re claim 12, regarding the limitations
“a drive housing having a first end;
a spline extending from the first end;
a carriage comprising one or more proximal layers and one or more distal layers;
the spline penetrating the one or more proximal and distal layers and
the one or more proximal and distal layers being moveable along the spline;
a firing rod operatively coupled to and received within the one or more proximal layers;
an end effector including a cutting element operatively coupled to a distal end of the firing rod; and
a latch pivotable between
a locked position, where the latch secures the one or more proximal layers to the one or more distal layers, and
an unlocked position,
where the one or more proximal layers are freely separable from the one or more distal layers”,
see claim 1 above.
Regarding the limitations “a jack attached to the one or more proximal layers and including a leg engaged against the one or more distal layers, the jack being operable to extend the leg and thereby force the one or more proximal layers to separate from the one or more distal layers when the latch is in the unlocked position”, Abbott discloses
a jack ([0124]: combination of any one of leadscrew 350a-b and drive motors; [0120]; fig. 23) attached to the one or more proximal layers (fig. 23) and including a leg (fig. 23: any one of leadscrews 350a-b; fig. 21; [0127]) engaged against the one or more distal layers ([0127]: carriage 340 engages with 410, therefore the leadscrews 350a-b will engage with the distal layer; fig. 22-fig. 24),
the jack being operable to extend the leg ([0124]: leadscrews are coupled to drive motors and are used to drive i.e. extend leadscrews 350a-b) and thereby force the one or more proximal layers to separate from the one or more distal layers when the latch is in the unlocked position ([0127]: the leadscrews 350a-b translate the carriage 340 along axis 361, and therefore will separate the proximal layer from the distal layer when the latch is in the unlocked position and no longer attaches the two layers together).
Regarding the limitation, “…thereby simultaneously retracting the firing rod and the cutting element away from the end effector”, the proposed combination yields thereby simultaneously retracting the firing rod and the cutting element away from the end effector ([0127]: leadscrew 350a-b separate the proximal layer from the distal layer, which allows the proximal layer to retract and simultaneously retracts the firing rod and the cutting element (see in re claim 1 above)).
In re claim 14, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) wherein the drive housing further comprises a shroud (the exterior of drive housing 362) extending from the first end (see Examiner Fig. 1 above wherein the shroud extends from the first end) and the jack is accessible through a window (Fig. 22: the opening at the front of instrument actuator 360 is a window wherein the jack can be accessed through) defined in the shroud (Fig. 22).
In re claim 15, regarding the limitation “comprising a fin radially extending from the one or more proximal layers and through the window”, see claim 3 above.
In re claim 16, regarding the limitations
“an elongate shaft extending distally from the one or more distal layers and penetrating the first end;
the end effector being arranged at a distal end of the elongate shaft, and the firing rod extending through the elongate shaft;
a drive gear coupled to the spline and rotatable with rotation of the spline; and
a first activating mechanism housed in the one or more proximal layers and operatively coupled to the drive gear to advance the firing rod upon rotation of the drive gear”
see claim 6 above.
In re claim 17, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) wherein the cutting element fires or retracts upon activation of the first activating mechanism ([0126-0127]: activating the first activating mechanism allows movement to be transferred to the end effector 430 which allows for the end effector that includes the cutting element to be fired (i.e., the actuation of different movements and actions); [0182]).
In re claim 18, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) wherein the end effector includes a pair of jaws (jaws 430 at the end of effector 430) operatively arranged at the distal end of the elongate shaft to open or close upon activation of a second activating mechanism ([0126-0127]: the drive output 312b actuating movements to corresponding drive input 412b is a second activating mechanism which allows end effector 430 to open or close) provided in the one or more distal layers (Fig. 24: 412b, 410: instrument drive input 412b is part of the distal layer 410).
In re claim 19, regarding the limitations “a method of disassembling a surgical tool, comprising:
providing a drive housing having a first end,
a spline extending from the first end,
a carriage comprising one or more proximal layers and one or more distal layers
penetrated by and
moveable along
the spline, and
a latch pivotable between
a locked position, where the latch secures the one or more proximal layers to the one or more distal layers, and
an unlocked position,
where the one or more proximal layers are free to separate from the one or more distal layers;
unlocking the latch;
separating the one or more proximal layers from the one or more distal layers;
retracting the one or more proximal layers along the spline,
the one or more proximal layers receiving and being operatively coupled to a firing rod; and
retract the firing rod and a cutting element attached to a distal end of the firing rod as the one or more proximal layers retract”,
see claim 1 above.
In re claim 20, the proposed combination yields (all mapping directed to the Abbott unless otherwise stated) wherein separating the one or more proximal layers from the one or more distal layers further comprises activating a jack ([0127]: a jack i.e., any one of leadscrew 350a-b will translate the proximal layer 340 along axis 361, and therefore will separate the proximal layer 340 from the distal layer 410) attached to the one or more proximal layers (any one of the leadscrews 350a-b are located on proximal layer 340) and operable to extend a jack leg ([0127]: the part of shaft 420 that is inserted inside cannula 180) against the one or more distal layers ([0127]: as the jack and the proximal layer 340 move down, the jack leg will continue extending downward into the lumen of cannula 180, which is opposite (i.e., against) the direction of the distal layer 410) and thereby move the one or more proximal layers relative to the one or more distal layers when the latch is in the unlocked position ([0127]: the leadscrews 350a-b translate the proximal layer 340 along axis 361, and therefore will separate the proximal layer 340 from the distal layer 410 when the latch is in the unlocked position and no longer attaches the two layers together).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Abbott (US 2021/0022815) in view of a second embodiment of Abbott [in view of Kinder et al. (US 6,571,740)] in view of Shelton, IV et al. (US 2019/0038281).
In re claim 21, the proposed combination fails to yield the activating mechanism further comprising:
a pinion gear threadably engaged with an externally threaded portion of the firing rod,
wherein rotation of the pinion gear, via rotation of the drive gear, axially translates the firing rod.
Shelton teaches an analogous surgical instrument [0001] and teaches
a pinion gear (fig. 26: 2510) threadably engaged with an externally threaded portion (3510) of a firing rod ([0409-0410]: externally threaded portion 3510 of firing rod 4510),
wherein rotation of the pinion gear, via rotation of a drive gear (fig. 26: combination of 2550, 2540, and 2530; [0407-0408]), axially translates the firing rod ([0407-0409]: pinion gear causes rack 3510 to advance or retract, and is controlled by direction of 2550 rotating; [0410]: 3510 is used to translate firing rod in the direction of 3510).
Shelton further teaches that the pinion gear is used to translate rotation [0409-0410] of the drive input 2550 [0409], so that the direction of rotation of the drive gear is used to control whether the firing rod advances or retracts [0409-0410].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the surgical tool yielded by the proposed combination, to provide the activating mechanism further comprising: a pinion gear threadably engaged with an externally threaded portion of the firing rod, wherein rotation of the pinion gear, via rotation of the drive gear, axially translates the firing rod, as taught by Shelton, because doing so allows for a first, second or third drive configuration.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Julian et al. (US 2006/0052664) discloses a system (fig. 1: 1000; [0052]) comprising a first portion carriage assembly [0027] and a second portion carriage assembly [0027] engaged with one another using a spline [0027].
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUMAISA R BAIG whose telephone number is (571)270-0175. The examiner can normally be reached Mon-Fri: 8am- 5pm.
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/RUMAISA RASHID BAIG/Examiner, Art Unit 3796
/William J Levicky/Primary Examiner, Art Unit 3796