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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/31/26 has been entered.
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 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 1-17 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Shields US 20050021027 in view of Davidson US 20120083784.
Regarding claims 1, 21, and 24, 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, 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), the first jaw movable with respect to the second jaw or the second jaw movable with respect to the first jaw (par. [0028] jaws 110 and 120 close relative to one another).
Shields does not explicitly teach the first movable jaw segment including a first electrode configured to deliver electrosurgical energy to biological tissue
Davidson, in an analogous device, teaches stops 328 and 322 that can be conductive (par. [0101]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the stops of Shields to be conductive, as in Davidson. This allows for the stops to act as electrodes to aid in the sealing process (Davidson par. [0102]).
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, the combination of Shields and Davidson teaches wherein the first jaw includes a second electrode configured to deliver electrosurgical energy to an object or biological tissue (Shields Fig. 1B and Davidson Fig. 13A multiple stops 322 and 328)).
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 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 with respect to claims 1, 21, and 24 have been considered but are moot because the new ground of rejection does not rely on the same combination of reference applied in the prior rejection of record.
Conclusion
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 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, Joseph Stoklosa can be reached at (571)272-1213. 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.
/R.T.C./Examiner, Art Unit 3794
/THOMAS A GIULIANI/Primary Examiner, Art Unit 3794
Prosecution Insights