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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 17th, 2025 has been entered.
Response to Amendment
The amendment filed October 17th, 2025 has been entered. Claims 1, 3-5, 9-10, & 14 are amended. Claims 15-16 are new. Claims 1-16 remain pending.
Response to Arguments
Applicant’s arguments with respect to claims 1-16 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; as necessitate by amendment.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-16 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Houser et al. (US 20120116391 A1), hereinafter “Houser”.
Regarding claim 1, Houser discloses a surgical system, comprising: a housing ([0034]; Figure 2—element 160); an ultrasonic transducer supported by the housing ([0034]; Figure 2—element 180); an end effector assembly distally-spaced from the housing ([0046]; Figures 3A-3B—element 200), the end effector assembly including: an ultrasonic blade operably coupled to the ultrasonic transducer for receiving ultrasonic energy produced by the ultrasonic transducer ([0046]; Figures 3A-3B—element 210); and a jaw member pivotable relative to the ultrasonic blade from an open position towards a clamping position for clamping tissue between the jaw member and the ultrasonic blade and imparting a clamping force to the clamped tissue ([0046]; Figures 3A-3B—element 240); an input device operably coupled to the housing and the jaw member such that actuation of the input device relative to the housing pivots the jaw member towards the ultrasonic blade ([0035], [0043], [0094], [0096], & [0106]; Figure 2—element 168; Figure 7—element 604; trigger position sensor 192 may communicate signals indicative of the position of trigger 168; the output of trigger position sensor 192 may be used to activate one or more motors to actuate components of the surgical instrument to rotate the clamp arm 240 from the open position to the closed position; the examiner is considering the input device to be the trigger 168/604); a drive assembly coupled to the input device and tuned to provide the clamping force to tissue clamped between jaw member and the ultrasonic blade, the drive assembly imparting negligible clamping force to the tissue until the input device is sufficiently actuated; and a sensor configured to sense whether the input device is sufficiently actuated so as to impart the clamping force to the clamped tissue; wherein the surgical system is configured to output to a user an indication of whether, based at least in part on feedback from the sensor, the input device is sufficiently actuated ([0033], [0035], [0043], [0096], [0102], [0106], & [0107]; Figure 2—elements 168 & 192; Figure 7—elements 604, 606, 640, & 630; the trigger 168/604 is pivotably coupled to a trigger position sensor 192/606; the trigger position sensor 192/606 transmits a signal to the control unit 1000 indicating the rotational position of the trigger 168/604; in response to a new position signal the control unit activates the drive assembly (630 & 640) to close the clamp arm 240 (as shown in Figure 3B); the examiner is considering the drive assembly to be the motor 640 & clamp shaft 630 and the sensor to be the trigger position sensor 192/606; it is the examiner position that the drive assembly would impart negligible clamping force to the tissue prior to the drive assembly being activated; the system may provide feedback to the user based upon the positional and/or orientation information of the instrument).
Regarding claim 2, Houser discloses all of the limitations of claim 1, as described above.
Houser further discloses a generator operably coupled to the ultrasonic transducer and configured to control activation of the ultrasonic transducer to generate ultrasonic energy for transmission to the ultrasonic blade ([0024], [0037], [0038], & [0040]; Figure 1—element 20; Figure 2—element 1000; the control unit 1000 is integrated into generator 20 and is configured to activate and deactivate the transducer based on trigger position).
Regarding claim 3, Houser discloses all of the limitations of claim 2, as described above.
Houser further discloses wherein the generator is communicatively coupled to the sensor and configured to control activation of the ultrasonic transducer based at least in part on feedback from the sensor indicating whether the input device is sufficiently actuated ([0040] & [0042]; the transducer is configured to be activated and deactivated based on the position of the trigger 168 as indicated by the trigger position sensor 192).
Regarding claim 4, Houser discloses all of the limitations of claim 3, as described above.
Houser further discloses at least one activation button configured for activating each of a first state of the surgical system comprising a low power setting and a second state of the surgical system comprising a high power setting, and wherein the generator is configured to control activation of the ultrasonic transducer based at least in part on feedback from the sensor indicating whether the device is sufficiently actuated and the activation state of the at least one activation button ([0029], [0040], & [0042]; based on the feedback from the trigger position sensor and in response to a selection be the user (e.g. a user pressing and holding a toggle button), the controller is configured to activate the transducer at a first predetermined level or second predetermined level).
Regarding claim 5, Houser discloses all of the limitations of claim 2, as described above.
Houser further discloses wherein the generator is communicatively coupled to the sensor and configured to provide an output based on feedback from the sensor indicating whether the input device is sufficiently actuated ([0033], [0037], [0039], & [0040]; the trigger position sensor 192 is communicatively coupled to the control unit 1000; the system may provide feedback to the user based upon the positional and/or orientation information of the instrument).
Regarding claims 6-8, Houser discloses all of the limitations of claim 1, as described above.
Houser further discloses wherein at least one of the jaw member or the ultrasonic blade is adapted to connect to a source of electrosurgical energy for supplying electrosurgical energy to tissue (claim 6); wherein the jaw member and the ultrasonic blade are adapted to connect to the source of electrosurgical energy for conducting bipolar electrosurgical energy therebetween and through tissue (claim 7); wherein at least one of the jaw member or the ultrasonic blade is adapted to connect to the source of electrosurgical energy for supplying monopolar electrosurgical energy through tissue to a remote return device (claim 8) ([0030] & [0046]; Houser discloses that the end effector may be constructed in accordance to U.S. Pat. Pub. No. 2011/0015660, the disclosure of which is incorporated by reference; 2011/0015660 discloses in [0053] that the blade may form a first electrode (supply path) and the clamp arm may form a second electrode (return path), or in [0055] that the blade may form a first electrode (supply path) and the patient can be positioned on a conductive pad that forms the return path).
Regarding claim 9, Houser discloses a surgical system, comprising: a housing ([0034]; Figure 2—element 160); an ultrasonic transducer supported by the housing ([0034]; Figure 2—element 180); an end effector assembly distally-spaced from the housing ([0046]; Figures 3A-3B—element 200), the end effector assembly including: an ultrasonic blade operably coupled to the ultrasonic transducer for receiving ultrasonic energy produced by the ultrasonic transducer ([0046]; Figures 3A-3B—element 210); and a jaw member pivotable relative to the ultrasonic blade from an open position towards a clamping position for clamping tissue between the jaw member and the ultrasonic blade and imparting a clamping force to the clamped tissue ([0046]; Figures 3A-3B—element 240); an input device operably coupled to the housing and the jaw member such that actuation of the input device relative to the housing pivots the jaw member towards the ultrasonic blade ([0035], [0043], [0094], [0096], & [0106]; Figure 2—element 168; Figure 7—element 604; trigger position sensor 192 may communicate signals indicative of the position of trigger 168; the output of trigger position sensor 192 may be used to activate one or more motors to actuate components of the surgical instrument to rotate the clamp arm 240 from the open position to the closed position; the examiner is considering the input device to be the trigger 168/604); a drive assembly coupled to the input device and tuned to provide the clamping force to tissue clamped between jaw member and the ultrasonic blade, the drive assembly imparting negligible clamping force to the tissue until the input device is sufficiently actuated; a sensor configured to sense whether the input device is sufficiently actuated so as to impart the clamping force to the clamped tissue ([0033], [0035], [0043], [0096], [0102], [0106], & [0107]; Figure 2—elements 168 & 192; Figure 7—elements 604, 606, 640, & 630; the trigger 168/604 is pivotably coupled to a trigger position sensor 192/606; the trigger position sensor 192/606 transmits a signal to the control unit 1000 indicating the rotational position of the trigger 168/604; in response to a new position signal the control unit activates the drive assembly (630 & 640) to close the clamp arm 240 (as shown in Figure 3B); the examiner is considering the drive assembly to be the motor 640 & clamp shaft 630 and the sensor to be the trigger position sensor 192/606; it is the examiner position that the drive assembly would impart negligible clamping force to the tissue prior to the drive assembly being activated); and a generator operably coupled to the ultrasonic transducer to control activation of the ultrasonic transducer to generate ultrasonic energy for transmission to the ultrasonic blade and communicatively coupled to the sensor ([0024], [0037], [0038], [0040], & [0042]; Figure 1—element 20; Figure 2—element 1000; the control unit 1000 is integrated into generator 20 and is configured to activate and deactivate the transducer based on temperature or trigger position; the control unit 1000 is communicatively coupled to the trigger position sensor 192), wherein the generator is configured to: provide an output to a user indicating whether, based at least in part on feedback from the sensor, the input device is sufficiently actuated; and control activation of the ultrasonic transducer based at least in part on feedback from the sensor indicating whether the input device is sufficiently actuated ([0033], [0040], [0042]; the system may provide feedback to the user based upon the positional and/or orientation information of the instrument; the transducer is configured to be activated and deactivated based on the position of the trigger 168 as indicated by the trigger position sensor 192).
Regarding claim 10, Houser discloses all of the limitations of claim 9, as described above.
Houser further discloses at least one activation button configured for activation in each of a first state of the surgical system comprising a low power setting and a second state of the surgical system comprising a high power setting, and wherein the surgical generator is configured to control activation of the ultrasonic transducer based at least in part on feedback from the sensor indicating whether the input device is sufficiently actuated and the activation state of the at least one activation button ([0029], [0040], & [0042]; based on the feedback from the trigger position sensor and in response to a selection be the user (e.g. a user pressing and holding a toggle button), the controller is configured to activate the transducer at a first predetermined level or second predetermined level).
Regarding claims 11-14, Houser discloses all of the limitations of claim 9, as described above.
Houser further discloses wherein the generator is configured to supply electrosurgical energy to at least one of the jaw member or the ultrasonic blade for supplying the electrosurgical energy to tissue (claim 11); wherein the jaw member and the ultrasonic blade are configured to conduct bipolar electrosurgical energy therebetween and through tissue (claim 12); wherein at least one of the jaw member or the ultrasonic blade is configured to supply monopolar electrosurgical energy through tissue to a remote return device for return to the generator (claim 13) ([0030] & [0046]; Houser discloses that the end effector may be constructed in accordance to U.S. Pat. Pub. No. 2011/0015660, the disclosure of which is incorporated by reference; 2011/0015660 discloses in [0053] that the blade may form a first electrode (supply path) and the clamp arm may form a second electrode (return path), or in [0055] that the blade may form a first electrode (supply path) and the patient can be positioned on a conductive pad that forms the return path); wherein the generator is configured to control activation of the ultrasonic transducer and the supply of electrosurgical energy based at least in part on feedback from the sensor indicating whether the input device is sufficiently actuated (claim 14) ([0040] & [0042]; the transducer is configured to be activated and deactivated based on the position of the trigger 168 as indicated by the trigger position sensor 192; Houser discloses that the end effector may be constructed in accordance to U.S. Pat. Pub. No. 2011/0015660, the disclosure of which is incorporated by reference; 2011/0015660 discloses in [0059]-[0061] that the generator is configured to control the supply of electrosurgical energy based at least in part on feedback from the sensor indicating whether the input device is sufficiently actuated, more specifically the generator is configured to control the supply of electrosurgical energy based on the position of the trigger 145).
Regarding claim 15, Houser discloses all of the limitations of claim 1, as described above.
Houser further discloses wherein the input device comprises one or more of a clamp lever or a robotic input ([0035]; Figure 2—element 168; clamp lever, the examiner notes the rest are in the alternative).
Regarding claim 16, Houser discloses all of the limitations of claim 9, as described above.
Houser further discloses wherein the input device comprises one or more of a clamp lever or a robotic input ([0035]; Figure 2—element 168; clamp lever, the examiner notes the rest are in the alternative).
Conclusion
Accordingly, claims 1-16 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA D TEMPLETON whose telephone number is (571)272-7683. The examiner can normally be reached M-F 8:00am to 5:00pm EST.
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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.
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/M.D.T./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794