DETAILED ACTION
A complete action on the merits of pending claims 1-17 and 21-23 appears below.
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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 1-17 and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shields US 20050021027.
Regarding claims 1 and 21, Shields teaches a first jaw (Fig. 1C 110) including a first jaw frame (Fig. 1A outer surface of jaw) and a first movable jaw segment (Fig. 1C stops 150) coupled with the first jaw frame, the first movable jaw segment including a first electrode configured to deliver electrosurgical energy to an object or biological tissue (Fig. 1C and par. [0042] controller 155); and a second jaw coupled with the first jaw (Fig. 1C 120), wherein the first movable jaw segment is in communication with a first electromagnetic actuation system (Fig. 1C and par. [0043] actuator attached to controllers 155), and wherein the first movable jaw segment is configured to be electromagnetically actuatable relative to the first jaw frame (par. [0043], pars. [0050] and [0051] 150 can be made of a conforming material such as nylon).
Regarding claims 2, 22, and 23, Shields teaches wherein the second jaw includes a second rigid jaw frame and a second movable jaw segment coupled with the second rigid jaw frame, and wherein the second movable jaw segment is in communication with a second electromagnetic actuation system, and wherein the second movable jaw segment is configured to be electromagnetically actuatable relative to the second rigid jaw frame (pars. [0041] stops can be on both jaws and [0043] how stops work on the first jaw).
Regarding claim 3, Shields teaches wherein the first electromagnetic actuation system is configured to provide a first actuation force and the second electromagnetic actuation system is configured to provide a second actuation force (par. [0040] actuating the stops depends on desired force to seal tissue) different from the first actuation force (par. [0045] stops are individually controllable).
Regarding claim 4, Shields teaches wherein the first jaw includes a second electrode configured to deliver electrosurgical energy to an object or biological tissue (par. [0028]).
Regarding claims 5-7, Shields teaches wherein the first movable jaw segment coupled with the first jaw frame is coupled with the second electrode, wherein the first movable jaw segment coupled with the second electrode is coupled with a face of the second electrode, and wherein the first movable jaw segment coupled with the second electrode is coupled with an outside edge of the second electrode (Fig. 4 both the electrode 112 and stops 150 are within the jaw and therefore coupled to one another).
Regarding claim 8, Shields teaches wherein the first movable jaw segment is movable between an open position and a closed position (par. [0043] starts in a screwed in position and moves to an unscrewed position).
Regarding claim 9, Shields teaches wherein the first movable jaw segment is biased to an open position or a closed position (par. [0043] starts in a screwed in position and moves to an unscrewed position).
Regarding claim 10, Shields teaches wherein the first movable jaw segment is positioned at a distal end of the first jaw (Fig. 1C the distal most 150).
Regarding claim 11, Shields teaches wherein the first electromagnetic actuation system is in electrical communication with a control circuit, and wherein the control circuit is configured to control the first electromagnetic actuation system using a stored first jaw force profile to provide a first localized jaw pressure (par. [0040] force of seal based on gap distance, force and material properties of stops).
Regarding claim 12, Shields teaches comprising: a jaw position sensor configured to generate a signal representing a relative position between the first jaw frame and the second jaw (par. [0050] gap distance between the two jaws), wherein the stored first jaw actuation force profile includes a first jaw actuation force for a first relative position between the first rigid jaw frame and the second jaw and a second jaw actuation force for a second relative position between the first rigid jaw frame and the second jaw (par. [0040] force of seal based on gap distance, force and material properties of stops).
Regarding claim 13, Shields teaches comprising: a handle in communication with a force sensor, the force sensor configured to measure a force applied by a user to the handle (par. [0028] since the movable handle closes the jaws it is in communication with any sensor during the jaw closure), wherein the first electromagnetic actuation system is in electrical communication with a control circuit, and wherein the control circuit is configured to control the first electromagnetic actuation system using the measured force (par. [0040] force of seal based on gap distance, force and material properties of stops).
Regarding claim 14, Shields teaches wherein the stored first jaw pressure profile (par. [0047] pressure from user) includes a first jaw pressure for a first measured force and a second jaw pressure for a second measured force (par. [0040] force of seal based on gap distance, force and material properties of stops).
Regarding claim 15, Shields teaches in communication with a tissue sensor, the tissue sensor configured to measure a characteristic of the object or the biological tissue, wherein the first electromagnetic actuation system is in electrical communication with a control circuit, and wherein the control circuit is configured to control the first electromagnetic actuation system using the measured characteristic (par. [0040] force of seal based on gap distance, force and material properties of stops).
Regarding claim 16, Shields teaches wherein the stored first jaw profile includes a first jaw pressure for a first measured characteristic and a second jaw pressure for a second measured characteristic (par. [0045] stops are individually controllable).
Regarding claim 17, Shields teaches wherein the characteristic is an impedance or phase angle (par. [0044] sensors measuring tissue impedance).
Response to Arguments
Applicant's arguments filed 9/18/25 have been fully considered but they are not persuasive. The applicant argues that stops 150 are insulating members and are not electrodes, thus not reading on the new claim limitations. In the rejection above 155 is used as the electrodes. As shown in Fig. 1C, 155 is on the top part of 150 and according to par. [0042] 155 receive electrical signals from the electrosurgical generator and output signals to an actuator to move stop members 150. Thus, controller 155 is an electrode configured to deliver electrosurgical energy.
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 RYAN T. CLARK whose telephone number is (408)918-7606. The examiner can normally be reached on Monday-Friday 7AM-3PM MT.
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, Linda Dvorak can be reached on (571)272-4764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.T.C./Examiner, Art Unit 3794
/LINDA C DVORAK/Primary Examiner, Art Unit 3794
Prosecution Insights