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 Amendment
Acknowledgment is made to the amendment received 9/24/2025.
Applicant’s amendments to the claims are sufficient to overcome the claim objections set forth in the previous office action.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Previously, claim 1 was rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sani. Now, based on amendments to the claim language, claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Sanai in view of Lesko.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sanai et al., US 20120203143, herein referred to as “Sanai”, in view of Lesko et al., US 20170164973, herein referred to as “Lesko”.
Regarding claim 1, Sanai discloses a surgical end effector assembly (Figures 9-10 and Figure 15: the embodiment of Figures 9-10 is used to illustrate a cross-sectional view of the device, while the specific embodiment of the electrodes 5b of Figures 9-10 is depicted in Figure 15 by electrodes 5bb; [0112]: “FIG. 15 is a perspective view of a fixed electrode 5bb which is a variation of the fixed electrode 5b”), comprising: an ultrasonic blade (Figure 15: probe distal end portion 21a and [0035]: “the probe 21 is an electrically conductive member equipped in the distal end portion with the probe distal end portion 21a serving as an electrode and intended to transmit high-frequency electric current and ultrasound vibration to the electrode.” And Figure 13 and [0094]) adapted to connect to an ultrasonic transducer (Figures 1-2: transducer unit 11 and ultrasound transducing unit 23) configured to transmit ultrasonic energy to the ultrasonic blade ([0035]: “The probe 21 is an electrically conductive shaft member which, being connected to the ultrasound transducing unit 23, is capable of transmitting ultrasound and high-frequency electric current… the probe 21 is an electrically conductive member equipped in the distal end portion with the probe distal end portion 21a serving as an electrode and intended to transmit high-frequency electric current and ultrasound vibration to the electrode. ”); first and second panels disposed on opposite sides of the ultrasonic blade in laterally- spaced relation relative thereto (Figure 15: fixed electrode 5bb extends along two opposite sides of probe distal end portion 21a); and a jaw (Figures 1 and 3-4: movable jaw 31) pivotable relative to the ultrasonic blade and the first and second panels between open and clamping positions (Figures 1 and [0041]), and wherein at least two of the ultrasonic blade, the first panel, the second panel, or the jaw are energizable to different electrical potentials for transmitting an electric signal therebetween and through tissue for at least one of interrogating tissue or treating tissue ([0035]: “the probe 21 is an electrically conductive member equipped in the distal end portion with the probe distal end portion 21a serving as an electrode and intended to transmit high-frequency electric current and ultrasound vibration to the electrode. ” And [0112]: “the fixed electrode 5bb may be an electrode member made up of two arms extending toward the distal end.” And [0075]). Sanai does not explicitly disclose a surgical end effector assembly wherein the first panel and the second panel are energizable to different electrical potentials relative to each other.
However, Lesko teaches a surgical end effector assembly (Figure 30) wherein the first panel (Figure 30: first outrigger 64) and the second panel (Figure 30: second outrigger 65) are energizable to different electrical potentials relative to each other ([0153]: “In the present example, each of outriggers (64, 65) are conductive. Furthermore, outriggers (64, 65) have opposite polarities.”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the surgical end effector assembly disclosed by Sanai so that the first panel and the second panel are energizable to different electrical potentials relative to each other as taught by Lesko to create an electrosurgical path between the two panels (Lesko [0153]).
Regarding claim 2, Sanai in view of Lesko discloses the surgical end effector assembly according to claim 1, and Sanai further discloses a surgical end effector assembly wherein the ultrasonic blade (Figure 15: probe distal end portion 21a) is configured to be energized to a first potential ([0078]: “Between the Teflon pad 31a of the movable jaw 31 and the surfaces 21a2 of the probe distal end portion 21a, the living tissue is treated by the application of ultrasound vibration.”) and the first and second panels (Figure 15: fixed electrode 5bb) are configured to be energized to a second, different potential for transmitting the electric signal therebetween and through tissue ([0112]: “FIG. 15 is a perspective view of a fixed electrode 5bb which is a variation of the fixed electrode 5b” And [0037]: “The fixed electrode 5b is an electrode member for high-frequency electric current.”).
Regarding claim 3, Sanai in view of Lesko discloses the surgical end effector assembly according to claim 1, and Sanai further discloses a surgical end effector assembly wherein the jaw is configured to be energized to a first potential ([0064]) and the first and second panels (Figure 15: fixed electrode 5bb) are configured to be energized to a second, different potential for transmitting the electric signal therebetween and through tissue ([0075]-[0076]).
Regarding claim 4, Sanai in view of Lesko discloses the surgical end effector assembly according to claim 3, and Sanai further discloses a surgical end effector assembly wherein the jaw includes a structural body defining first and second surfaces (Figures 9-10: inclined surfaces 31a2), and a jaw liner disposed between the first and second surfaces (Figures 9-10: teflon pad 31a), the first and second surfaces energizable for transmitting the electric signal ([0064]).
Regarding claim 7, Sanai in view of Lesko discloses the surgical end effector assembly according to claim 1, and Sanai further discloses a surgical end effector assembly wherein a gap distance is maintained between outer lateral sides of the ultrasonic blade and inner lateral sides of the first and second panels (Figures 9 and 10: there is a gap between outer lateral sides of probe 21a and electrode 5b and Figure 15: there is a gap between outer lateral sides of probe 21a and electrodes 5bb).
Regarding claim 10, Sanai in view of Lesko discloses the surgical end effector assembly according to claim 1, and Lesko further discloses a surgical end effector assembly wherein the electric signal is a Radio Frequency (RF) signal ([0153]: “With this configuration, when tissue is clamped between clamp arm (61) and blade (63), a RF electrosurgical circuit or path is defined that extends from one of outriggers (64, 65) through the clamped tissue, to the other of outriggers (64, 65). ”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the surgical end effector assembly disclosed by Sanai so that the electric signal is a Radio Frequency (RF) signal as taught by Lesko so that the device can seal tissue (Lesko [0151]).
Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sanai in view of Lesko, further in view of Strobl et al., US 20160270841, herein referred to as “Strobl”.
Regarding claim 11, Sanai in view of Lesko discloses the surgical end effector assembly according to claim 1, but does not explicitly disclose a surgical end effector assembly wherein the electric signal is a Direct Current (DC) signal.
However, Strobl teaches a surgical end effector assembly (Figure 3) wherein the electric signal is a Direct Current (DC) signal ([0068]; specifically the DC source).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the surgical end effector assembly disclosed by Sanai so that the electric signal is a Radio Frequency (RF) signal as taught by Strobl so that the device can power a heating element to treat tissue (Strobl [0068]), which may be useful for removing, shrinking, or sculpting soft tissue while simultaneously sealing blood vessels, particularly connective tissue (Strobl Abstract).
Conclusion
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.
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/NORA W RHODES/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794