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
The amendment filed 09/30/2025 has been entered. Claims 17-31 remain pending in the application. Claims 32 & 33 have been entered.
Response to Arguments
Applicant's arguments with respect to claims 17-31 have been considered but are not seen as persuasive, see reasoning below.
Regarding claim 17, Applicant argues Brennan does not explicitly disclose that the jaw members maintain a clamped configuration independent of the moveable handle. Examiner disagrees. Brennan discloses in Paragraph [0101], “As the spring 312 compresses further, the drive handle 22 can be driven all the way into the latched position without exerting any more force on the clamped tissue. That is, the load of the drive handle 22 is no longer transferred to the drive shaft” such that when the handle reaches a latched position, any other movement of the handle will not exert any more force on the clamped tissue wherein the spring is seen as the actuation member and when the spring is not compressed its seen as the unactuated position and when the spring is compressed it is seen as the first actuation position such that when the spring is in the first actuated position, the handle can be driven into a latched position without exerting force on the tissue through the jaw members therefore is seen as moving independent of the jaw member while the tissue is still clamped, but any more movement from the handle is independent of the clamped configuration such that the latching mechanism is further disclosed in Paragraph [0103]. The claim recites “wherein compression of the movable handle between the unactuated position and the first actuated position moves an actuation member into a position that maintains the jaw members in the clamped configuration independently of the movable handle” such that Brennan discloses in both the paragraph above. Such that by combining the teachings of Strobl, it would be obvious to one of the skilled art to incorporate a latching mechanism at a first actuation position as taught by Brennan to allow further movement of the handle since the latching mechanism taught by Brennan allows the handle to move back into a latched position while not affecting the clamped position of the jaw. Therefore, Examiner stands by the rejection.
In regards to claims 18-31, Examiner sees claim 1 dependents as being unpatentable over Strobl in view of Brennan by the Non-final action and the reasonings above.
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.
Claims 17-18, 20-25 & 28-33 are rejected under 35 U.S.C 103 as being unpatentable over Strobl et al. (US 20160270842) herein referred to as Strobl, in view of Brennan et al. (US 20170354456) herein referred to as Brennan.
Regarding Claim 17, Strobl discloses a method of sealing tissue with a surgical device (Paragraph [0004]), the method comprising: positioning targeted tissue between jaw members of an end effector of a surgical device with the jaw members in an open configuration (Paragraph [0004]; wherein the first jaw member is movable relative to the second jaw member from an open position to a closed position to grasp a tissue positioned between the first and second jaw members); compressing a movable handle of the surgical device from an unactuated position to a first actuated position such that the jaw members are transitioned to a clamped configuration (Figure 3, 30; Paragraph [0074]; wherein compressing handle allows the end effector which comprises the jaws to move to a closed position), the surgical device maintaining the jaw members in the clamped configuration when the movable handle is in the first actuated position (Paragraph [0081]; wherein squeezing the handle by 13 degrees places the jaws in a closed configuration, squeezing further maintains them in a closed position for energy to be delivered or the cutting member to advance); and compressing the movable handle from the first actuated position to a second actuated position beyond the first actuated position to activate delivery of electrosurgical energy to the targeted tissue between the jaw members (Figure 22;Paragraph [0135]; wherein when handle 30 is compressed all the way back, it will push a button 332 which operates the electric circuit that activates the electrosurgical energy). However, Strobl does not explicitly disclose wherein compression of the movable handle between the unactuated position and the first actuated position moves an actuation member into a position that maintains the jaw members in the clamped configuration independently of the movable handle.
Brennan discloses a method of sealing tissue with a surgical device (Paragraph [0001]) wherein compression of the movable handle between the unactuated position and the first actuated position moves an actuation member into a position that maintains the jaw members in the clamped configuration independently of the movable handle (Paragraph [0101]; wherein the spring is seen as the actuation member and when the spring is not compressed its seen as the unactuated position and when the spring is compressed it is seen as the first actuation position such that when the spring is in the first actuated position, the handle can be driven into a latched position without exerting force on the tissue through the jaw members therefore is seen as moving independent of the jaw members). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the latching mechanism taught by Strobl to be the latching mechanism taught by Brennan. The motivation being to avoid mechanical damage to the tissue as the user continues to squeeze the drive handle in order to engage the (Brennan, Paragraph [0101]).
Regarding Claim 18, Strobl in view of Brennan disclose the method according to claim 17. Strobl also discloses wherein compressing the movable handle from the unactuated position to the first actuated position includes engaging a first link with a segmented gear coupled to the movable handle to rotate the first link about an opening defined in a first portion to transition the jaw members to the clamped configuration (Figure 4, 52 & 54; wherein 54 is a segmented gear that engaged with a first link 52 which rotates when moveable hand is compressed and works in the process of transitioning the jaw members to a close configuration).
Regarding Claim 20, Strobl in view of Brennan disclose the method according to claim 17. Strobl also discloses wherein compressing the movable handle from the first actuated position to the second actuated position includes activating a button with the movable handle to activate delivery of electrosurgical energy (Figure 22; Paragraph [0135]; wherein when handle 30 is compressed all the way back, it will push a button 332 which operates the electric circuit that activates the electrosurgical energy which then energy button 32 can be pushed to deliver the energy).
Regarding Claim 21, Strobl in view of Brennan disclose the method according to claim 18. Strobl also discloses wherein compressing the movable handle of the surgical device from the unactuated position to the first actuated position includes engaging, via the segmented gear, an actuation gear of a first portion of the first link when the movable handle is transitioned between the unactuated position and the first actuated position (Figure 4; wherein segmented gear 54 causes the rotation of actuation gear 64 of a first portion of the first link 52, as taught in claim 18, as the handle is compressed to a first actuated position)
Regarding Claim 22, Strobl in view of Brennan disclose the method according to claim 18. Strobl also discloses wherein the first link includes a second portion, the second portion of the first link coupled to a first portion of a second link (Figure 5; wherein the first link 52 is coupled to a second link 46 by a first portion 66 of the second link 46 wherein the second portion of the first link is the aperture 66 fits into), and wherein engaging a first link with the segmented gear coupled to the movable handle to rotate the first link includes rotating the second portion of the first link and the first portion of the second link about an arc (Figure 5; Paragraph [0075]; wherein rotating of link 46 causes slight rotation of link 52 which is being rotated at an arc seen in figure 5.)
Regarding Claim 23, Brennan in view of Fiksen disclose the method according to claim 22. Strobl also discloses further comprising moving the movable handle to transition the jaw members from the clamping configuration back to the open configuration (Paragraph [0078]; wherein there is a spring to help operate the end effector towards an open position when the handle is moved away the hand grip).
Regarding Claim 24, Strobl in view of Brennan disclose the method according to claim 23. Strobl also discloses wherein moving the movable handle to transition the jaw members to the open configuration includes engaging an actuation gear of the first link via the segmented gear to rotate the first link so that a cam coupled to a second portion of the second link and disposed within a cam slot defined in a track coupled to a housing of the surgical device moves relative to a centerline of a shaft of the surgical device supporting the jaw members (See annotated Figure 5 below; wherein engaging actuation gear 64 of the first link 52 via the segmented gear 54 rotates the first link 52 so that a cam coupled to a second portion of the second link 66 and disposed within the aperture is fits into acting as a cam slot, defined in a track coupled to a housing of the surgical device moves relative to a centerline of a shaft of the surgical device supporting the jaw members)
PNG
media_image1.png
503
711
media_image1.png
Greyscale
Regarding Claim 25, Strobl in view of Brennan disclose the method according to claim 24. Strobl also discloses wherein, after the cam is positioned relative to the centerline of the shaft, the method includes distally urging a collar coupled to a third link to transition the jaw members to the open configuration, the third link having a first portion coupled to the second portion of the second link and a second portion coupled to the collar such that distal movement of the first portion of the second link causes the third link to distally translate the collar (Figure 7; wherein 50 is a collar that is coupled to a third link 48 which contains an aperture on its first portion that is coupled to a second portion of the second link 46, therefore when handle translates from close position to an position or vice versa, collar is distally urged which interacts with the third link 48 and moves the first link 46)
Regarding Claim 28, Strobl in view of Brennan disclose the method according to claim 17. Strobl also discloses further comprising, during or after delivery of electrosurgical energy, compressing a knife trigger to advance a knife blade (Paragraph [0135]; wherein the depressed switch/push button can operate to selectively couple the electric circuit which includes the electrically conductive member, the tissue and the cutting member which is equivalent to a knife blade therefore the button acts as a knife trigger)
Regarding Claim 29, Strobl in view of Brennan disclose the method according to claim 28. Strobl also discloses further comprising transitioning the movable handle toward the unactuated position from the first or second actuated positions to transition the jaw members to the open configuration and engage the knife trigger to retract the knife blade (Paragraph [0135]; wherein the depressed switch/push button can operate to selectively couple the electric circuit which includes the cutting member and the button is depressed when the handle is moved pressing itself against the button in the second actuation position, therefore if the button is no longer pressed the knife will retract itself and no longer be out)
Regarding Claim 30, Strobl in view of Brennan disclose the method according to claim 18. Strobl also discloses wherein compressing the movable handle of the surgical device from the unactuated position to the first actuated position includes translating a collar coupled to a third link (Paragraph [0075]; wherein yoke is the same as a collar which is coupled to a third link 48), the third link coupled to a second link that is coupled to the first link, the collar translated proximally so as to compress a biasing member until the jaw members are in the clamped configuration (Paragraph [0075]; wherein third link 48 is coupled to second link 46 which is coupled to first link 52 and by squeezing the handle 30 toward the pistol grip, it rotates the first link 52, which rotates the second link 46 which operates the third link 48 to advance the collar 50 distally which assists in the movement of the end effector toward the closed position.)
Regarding Claim 31, Strobl in view of Brennan disclose the method according to claim 22. Strobl also discloses wherein compressing the movable handle of the surgical device from the unactuated position to the first actuated position includes translating a collar coupled to a second portion of a third link, the third link having a first portion that is coupled to a second portion of the second link, the collar translated proximally so as to compress a biasing member until the jaw members are in the clamped configuration. (Paragraph [0075]; wherein third link 48 is coupled to second link 46 which is coupled to first link 52 and by squeezing the handle 30 toward the pistol grip, it rotates the first link 52, which rotates the second link 46 which operates the third link 48 to advance the collar 50 distally which assists in the movement of the end effector toward the closed position)
Regarding claim 32, Strobl in view of Brennan disclose the method according to claim 17. Brennan also discloses wherein the actuation member being in the position allows the movable handle to be released while maintaining the jaw members in the clamped configuration (Paragraph [0103]; wherein the actuation member, the spring is in position and pulls the latch molding back inside the casing; Paragraph [0145]; wherein once the handle is latched, the handle can be released by the user and the jaws are maintained in their position). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the latching mechanism taught by Strobl to be the latching mechanism taught by Brennan. The motivation being to allow for the user to be able to operate other functions of the instrument (Brennan, Paragraph [0145]).
Regarding claim 33, Strobl in view of Brennan disclose the method according to claim 17. Brennan also discloses wherein the actuation member being in the position maintains the jaw members in the clamped configuration without force being applied to the movable handle (Paragraph [0103]; wherein the actuation member, the spring is in position and pulls the latch molding back inside the casing; Paragraph [0145]; wherein once the handle is latched, the handle can be released by the user and have no external force being applied and the jaws are maintained in their position). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the latching mechanism taught by Strobl to be the latching mechanism taught by Brennan. The motivation being to allow for the user to be able to operate other functions of the instrument (Brennan, Paragraph [0145]).
Claims 19 & 26 are rejected under 35 U.S.C 103 as being unpatentable over Strobl and Brennan in further view of Houser et al. (US 20150305763) herein referred to as Houser.
Regarding claim 19, Strobl in view of Brennan discloses the method according to claim 18. However, Strobl in view of Brennan does not explicitly disclose wherein compressing the movable handle from the first actuated position to the second actuated position includes disengaging the segmented gear from the first link such that the movable handle is free to move independent of the jaw members between the first and second actuated positions.
Houser discloses a surgical instrument (Figure 1) disclose wherein compressing the movable handle includes disengaging the segmented gear from the first link such that the movable handle is free to move independent of the jaw members (Figure 3, Paragraph [0040] & [0044]; wherein a user can mechanically detach a waveguide which is a shaft of an end effector containing jaw members from a movable handle by disengaging a link 190 from of a gear 170 by compressing a lever not shown therefore allowing the moveable handle to move independently of the jaw members). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the link and gear taught by Strobl and Brennan to be able to disengage as taught by Houser. The motivation being applying a known technique of compressing a handle of sorts to disengage a gear from a link to a known device, the device taught by Strobl and Brennan to yield predictable results of by using this technique it allows for the moveable handle to move freely and independently of the jaw members (MPEP 2141 (D)).
Regarding claim 26, Strobl and Brennan in further view of Houser discloses the method according to claim 19. Houser also discloses wherein compressing the movable handle from the first actuated position to the second actuated position includes disengaging the segmented gear from an actuation gear of a first portion of the first link (Figure 3, Paragraph [0040] & [0044]; wherein a user can mechanically detach a waveguide which is a shaft of an end effector containing jaw members from a movable handle by disengaging a link 190 from of a gear 170 by compressing a lever not shown). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the link and gear taught by Strobl in view of Fiksen to be able to disengage as taught by Houser. The motivation being applying a known technique of compressing a handle of sorts to disengage a gear from a link to a known device, the device taught by Strobl in view of Brennan to yield predictable results of by using this technique it allows for the moveable handle to move freely and independently of the jaw members (MPEP 2141 (D)).
Claim 27 is rejected under 35 U.S.C 103 as being unpatentable over Strobl and Brennan in further view of MCCULLOUGH, JR et al. (US 20140257274) herein referred to as Mccullough.
Regarding claim 27, Strobl in view of Brennan discloses the method according to claim 17. However, Strobl in view of Brennan does not explicitly disclose wherein the method further comprising providing audible indicia via a clicker tab that the jaw members are in the clamped configuration.
Mccullough discloses a surgical instrument (Figure 1) comprising, providing audible indicia via a clicker tab that the jaw members are in the clamped configuration (Paragraph [0079]; wherein a clicker tab is within the moveable handle and makes a clicking sound which is an audible indicia when jaw members complete grasping of the tissue therefore closing). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Strobl in view of Brennan to include the clicker tab taught by Mccullough. The motivation being to indicate to the surgeon that further pivotal motion of the moveable handle toward the stationary handle will cause the button activation post to engage the depressible button (Mccullough, Paragraph [0079])
Conclusion
THIS ACTION IS MADE FINAL. 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 ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794