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 .
Specification
The disclosure is objected to because of the following informalities: The status and relevant patent number of application 16/327,078 needs to be updated. Appropriate correction is required.
Election/Restrictions
Applicant’s election without traverse of Group II and Species J in the reply filed on July 3, 2025 is acknowledged.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 11-17 and 19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Weir et al (2012/0209314).
Referring to claim 11, Weir et al teaches a method of generating feedback to an operator of a surgical instrument that seals and cuts tissue, the method comprising: actuating a jaw (72) of an end effector included in the surgical instrument from an open configuration towards a closed configuration to clamp tissue (paragraph 0051; Figures 1 and 6), wherein the jaw of the end effector is drivingly coupled with an actuation input (36) of a proximal assembly configured to be held and manipulated by an operator of the surgical instrument, wherein an incremental actuation of the actuation input produces an incremental actuation of the jaw from the open configuration towards the closed configuration (paragraphs 0052; Figures 1 and 2); generating, with an actuation monitoring assembly included in the surgical instrument, at least one of a jaw-angle output indicative of a clamping angle of the jaw or a clamping-force output indicative of a clamping force of the jaw; controlling, via a feedback assembly included in the surgical instrument, one or more output elements of the feedback assembly to output, in response to at least one of the jaw-angle output or the clamping-force output (paragraphs 0011, 0016, 0017, 0051, 0078-0080 and 0084; Figures 1-22) one or more indications comprising at least one of: an indication to the operator that the clamping angle is greater than a maximum recommended clamping angle for sealing tissue clamped by the jaw; an indication to the operator that the clamping angle is equal to or less than the maximum recommended clamping angle for sealing tissue clamped by the jaw; an indication to the operator that the clamping angle is greater than a maximum recommended clamping angle for cutting tissue clamped by the jaw; an indication to the operator that the clamping angle is equal to or less than the maximum recommended clamping angle for cutting tissue clamped by the jaw; an indication to the operator that the clamping force of the jaw is less than a minimum recommended clamping force of the jaw for sealing tissue clamped by the jaw; and an indication to the operator that the clamping force of the jaw is equal to or greater than the minimum recommended clamping force of the jaw for sealing tissue clamped by the jaw (paragraphs 0011, 0016, 0017, 0051, 0078-0080 and 0084; Figures 13-22).
Referring to claims 12, Weir et al teaches generating, with the actuation monitoring assembly, the jaw-angle output, and wherein the one or more indications comprise at least one of: the indication to the operator that the clamping angle is greater than the maximum recommended clamping angle for cutting tissue clamped by the jaw; and the indication to the operator that the clamping angle is equal to or less than the maximum recommended clamping angle for cutting tissue clamped by the jaw (paragraphs 0011, 0016, 0017, 0051, 0078-0080 and 0084; Figures 13-22).
Referring to claims 13, Weir et al teaches generating, with the actuation monitoring assembly, the jaw-angle output, and wherein the one or more indications comprise at least one of: the indication to the operator that the clamping angle is greater than the maximum recommended clamping angle for sealing tissue clamped by the jaw; and the indication to the operator that the clamping angle is equal to or less than the maximum recommended clamping angle for sealing tissue clamped by the jaw (paragraphs 0011, 0016, 0017, 0051, 0078-0080 and 0084; Figures 13-22).
Referring to claims 14, Weir et al teaches generating, with the actuation monitoring assembly, the clamping-force output, and wherein the one or more indications comprise at least one of: the indication to the operator that the clamping force of the jaw is less than the minimum recommended clamping force of the jaw for sealing tissue clamped by the jaw; and the indication to the operator that the clamping force of the jaw is equal to or greater than the minimum recommended clamping force of the jaw for sealing tissue clamped by the jaw (paragraphs 0011, 0016, 0017, 0051, 0078-0080 and 0084; Figures 13-22).
Referring to claims 15, Weir et al teaches generating, with the actuation monitoring assembly, the jaw-angle output and the clamping-force output; processing, with a control unit, the jaw-angle output and the clamping-force output to identify an initial contact jaw angle corresponding to initial contact between the jaw and tissue clamped by the jaw; selecting, by the control unit, the maximum recommended clamping angle for sealing tissue clamped by the jaw based on the initial contact jaw angle; and controlling, via the feedback assembly, operation of the one or more output elements to output at least one of: the indication to the operator that the clamping angle is greater than a maximum recommended clamping angle for sealing tissue clamped by the jaw; and the indication to the operator that the clamping angle is equal to or less than the maximum recommended clamping angle for sealing tissue clamped by the jaw (paragraphs 0011, 0016, 0017, 0051, 0078-0080 and 0084; Figures 13-22).
Referring to claims 16, Weir et al teaches processing, by the control unit, the jaw-angle output and the clamping-force output to determine a tissue stiffness of the tissue clamped by the jaw; and selecting, by the control unit, the maximum recommended clamping angle for sealing tissue clamped by the jaw based on the tissue stiffness (paragraphs 0011, 0016, 0050, 0066, 0078-0080 and 0084; Figures 13-22).
Referring to claims 17, Weir et al teaches wherein the one or more output elements comprise at least one of: one or more indicator lights; an output display; and an aural output device (paragraphs 0015, 0051, 0054, 0055, 0082, 0085-0086; Figures 1, 15A-15B, 16A-16B, 22A-22B; claim 36).
Referring to claims 19, Weir et al teaches wherein generating, by the actuation monitoring assembly, a sealing enablement signal indicative of at least one of. the clamping angle is greater than the maximum recommended clamping angle for sealing tissue clamped by the jaw; the clamping angle is equal to or less than the maximum recommended clamping angle for sealing tissue clamped by the jaw; the clamping force of the jaw is less than the minimum recommended clamping force of the jaw for sealing tissue clamped by the jaw; and the clamping force of the jaw is equal to or greater than the minimum recommended clamping force of the jaw for sealing tissue clamped by the jaw; and controlling, based on the sealing enablement signal, enablement of supply of a sealing energy to the surgical instrument for sealing tissue clamped by the jaw (paragraphs 0011, 0016, 0017, 0051, 0078-0080 and 0084; Figures 13-22).
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Weir et al (2012/0209314) in view of Brisson et al (2012/0310255).
Referring to claim 18, Weir et al is silent with regard to a spring assembly. Brisson et al teaches an analogous surgical instrument comprising a spring assembly comprising an output link (124) drivingly coupled with the jaw, an input link (122) drivingly coupled with the actuation input, and a spring (128) coupled with the input link and the output link to transfer an articulation force from the input link to the output link to induce a grip force of the jaw, the spring being preloaded to inhibit relative movement between the input link and the output link while the articulation force is below a predetermined level and so as to allow relative movement between the input link and the output link when the articulation force is above the predetermined level (paragraphs 0015, 0021, 0024, 0062-0065 and 0069; Figure 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the surgical instrument, as taught by Weir et al, to include the claimed spring assembly, as taught by Brisson et al, in order to provide flexibility with regard to the amount of jaw articulation that occurs such as when items of different sizes are gripped by the jaw (paragraph 0024).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M GOOD whose telephone number is (571)270-7480. The examiner can normally be reached Mon to Wed, 7am to 3pm.
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/SAMANTHA M GOOD/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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