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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/23/2026 has been entered.
Response to Amendment
The amendment filed 04/26/2026 has been entered. Claims 1-11, 14-15, 21-27 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Final Office Action mailed 02/26/2026.
Response to Arguments
Applicant's arguments with respect to claims 1-11, 14-15, 21-27 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. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
Applicants’ arguments with respect to 112a rejection of claims 2-3 has been considered and are persuasive.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-11, 14-15 & 21 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "other portions of the latch" in line 31. There is insufficient antecedent basis for this limitation in the claim since the “other portions” are not mentioned prior. Furthermore, it is unclear what is meant by “other portions” versus which particular portions of the latch the claim is referring to as the claim states there is a “latch” and not the particular portions or elements of the latch.
Claims 2-11, 14-15 & 21 are rejected based on their dependency on claim 1.
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.
Claim 22-24 is rejected under 35 U.S.C 103 as being unpatentable over Weir et al. (US 20140005705) herein referred to as Weir in view of Hermann Fakler (US 20170265932) herein referred to as Hermann.
Regarding Claim 22, Weir discloses a surgical instrument (Figure 1, 10), comprising:(a) a shaft assembly extending along a longitudinal axis (Figure 1, 14); (b) an end effector distally extending from the shaft assembly (Figure 1, 18); (c) an energy drive system operatively connected to the end effector and configured to apply a radio frequency (RF) energy or an ultrasonic energy to a tissue of a patient via the end effector (Figure 1, 16; which is an ultrasonic configuration but can have an RF configuration as well; see [0100] where 23 can be an RF generator); (d) a circuit assembly operatively connected to the energy drive system (Figure 18B); and (e) a body assembly proximally extending from the shaft assembly and including (Figure 1, 12): (i) a first shroud portion that includes a first bore (Figure 5, 12a; Paragraph [0119]; wherein the shroud coupling is an alignment pin which is seen as a push-pin therefore the shroud would have to contain a bore for the pin),(ii) a second shroud portion that includes a second bore (Figure 5, 12b; Paragraph [0119]; wherein the shroud coupling is an alignment pin which is seen as a push-pin therefore the shroud would have to contain a bore for the pin), and (iii) a shroud coupling configured to removably affix the first shroud portion to the second shroud portion in a connected state (Paragraph [0119]; wherein the shroud coupling is an alignment pin which is seen as a push-pin which is seen as removable and a disconnected state in Figure 5), wherein shroud coupling is further configured to detach the first shroud portion from the second shroud portion in a disconnected state (Paragraph [0119]; wherein the shroud coupling is an alignment pin which is seen as a push-pin which is seen as removable and a disconnected state in Figure 5), wherein the shroud coupling includes a push-pin (Paragraph [0119]; wherein the shroud coupling is an alignment pin which is seen as a push-pin which is seen as removable and a disconnected state in Figure 5), wherein the first and second shroud portions in the connected state enclose and inhibit access to at least a portion of at least one of the circuit assembly or the energy drive system for containment therein (Figure 12 & Figure 1), and wherein the first and second shroud portions in the disconnected state allow access to the at least the portion of at least one of the circuit assembly or the energy drive system for removal of the at least the portion of at least one of the circuit assembly or the energy drive system from the body assembly (Figure 18; Paragraph [0098]; wherein the figures depict example embodiments of the disclosed surgical instruments and/or methods of use for purposes of illustration only. One skilled in the art will readily recognize from the following description that alternative example embodiments of the structures and methods illustrated herein may be employed without departing from the principles described herein.). However, Weir does not explicitly disclose wherein the push-pin includes a shank, a shank head, a first resilient rib, and a second resilient rib, wherein the first resilient rib is longitudinally spaced a distance along the shank from the second resilient rib and wherein the first resilient rib is longitudinally offset from the second resilient rib along the shank.
Hermann discloses a push-pin for a surgical device (Abstract; Figure 1) wherein the push-pin includes a shank (Figure 1, 4), a shank head (Figure 1, 13), a first resilient rib (Figure 1, 11), and a second resilient rib (Figure 1, 9), wherein the first resilient rib is longitudinally spaced a distance along the shank from the second resilient rib and wherein the first resilient rib is longitudinally offset from the second resilient rib along the shank (Figure 1, 11 & 9). 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 push-pin taught by Weir to be the push-pin taught by Hermann. The motivation being a simple substitution of one known element, the alignment pin taught by Weir with another, the push-pin taught by Hermann to yield the predictable results of connecting two elements together (MPEP 2143 (B))
Regarding claim 23, Weir in view of Hermann discloses the surgical instrument of claim 22. Hermann also discloses wherein the shank has a first outer diameter in an unexpanded state (Figure 4, wherein unexpanded state is when the push-pin is being inserted into the bore, and the first outer diameter would be equivalent to the size of the bores), wherein the first outer diameter of the shank is sized to fit within the first and second bores (Figure 4 wherein unexpanded state is when the push-pin is being inserted into the bore, and the first outer diameter would be equivalent to the size of the bores), wherein the push-pin that includes a pin configured to fit within the shank to transition the shank to an expanded state thereby connecting the first shroud portion to the second shroud portion (Figure 1, 8; Figure 4;). 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 push-pin taught by Weir to be the push-pin taught by Hermann. The motivation being a simple substitution of one known element, the alignment pin taught by Weir with another, the push-pin taught by Hermann to yield the predictable results of connecting two elements together (MPEP 2143 (B))
Regarding claim 24, Weir in view of Hermann discloses the surgical instrument of claim 22. Hermann also discloses wherein the first resilient rib is positioned closer to the head than the second resilient rib (Figure 1, 11 & 9). 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 push-pin taught by Weir to be the push-pin taught by Hermann. The motivation being a simple substitution of one known element, the alignment pin taught by Weir with another, the push-pin taught by Hermann to yield the predictable results of connecting two elements together (MPEP 2143 (B)).
Claims 25 & 27 is rejected under 35 U.S.C 103 as being unpatentable over Shelton, IV (US 20170202595) herein referred to as Shelton in view of Muraki (US 20090259793) herein referred to as Muraki.
Regarding claim 25, Regarding Claim 1, Shelton discloses a surgical instrument (Figure 1), comprising: (a) a shaft assembly extending along a longitudinal axis (Figure 1, 110); (b) an end effector distally extending from the shaft assembly (Figure 1, 112); (c) an energy drive system operatively connected to the end effector and configured to apply a radio frequency (RF) energy or an ultrasonic energy to a tissue of a patient via the end effector (Figure 1, 104); (d) a circuit assembly operatively connected to the energy drive system (Figure 4, 177), wherein the circuit assembly includes a memory (Figure 15, 326); and (e) a body assembly proximally extending from the shaft assembly (Figure 1, 102) and including: (i) a first shroud portion (Figure 70, 1972), (ii) a second shroud portion (Figure 70, 1974), and (iii) a shroud coupling configured to removably affix the first shroud portion to the second shroud portion in a connected state (Paragraph [0375];Figure 70; wherein the shroud portions are disconnected but can be connected by latching elements 1988 and are removably attached), wherein shroud coupling is further configured to detach the first shroud portion from the second shroud portion in a disconnected state (Paragraph [0375];Figure 70; wherein the shroud portions are disconnected but can be connected by latching elements 1988 and are removably attached), wherein the first and second shroud portions in the connected state enclose and inhibit access to at least a portion of at least one of the circuit assembly or the energy drive system for containment therein (Figure 70, 1976; wherein the motor is a part of the energy drive system), wherein the first and second shroud portions in the disconnected state allow access to the at least the portion of at least one of the circuit assembly or the energy drive system for removal of the at least the portion of at least one of the circuit assembly or the energy drive system from the body assembly (Figure 70, 1976; Paragraph [0375]-[0376]; wherein the motor can be removed and replaced and the motor is a part of the energy drive system), and wherein the shroud coupling includes a latch configured to selectively move from a secured position to an unsecured position upon respectively transitioning from the connected state to the disconnected state (Figure 70, 1988), wherein the latch includes a magnet (Paragraph [0375]; wherein latches 1988 contain magnets that magnetically latch the two elements) However, Shelton does not explicitly disclose wherein the latch in the open position is configured to render the memory inoperable, wherein the latch renders the memory inoperable with a reset element selected from the group consisting of: an integrated circuit, an integrated capacitor, a current reverser, and a hall effect sensor.
Muraki discloses a circuit assembly (Figure 1) wherein the latch in the open position is configured to render the memory inoperable (Paragraph [0029]), wherein the latch renders the memory inoperable with a reset element selected from the group consisting of: an integrated circuit, an integrated capacitor, a current reverser, and a hall effect sensor (Paragraph [0029]; wherein latch erases memory therefore is made inoperable since there is no memory). 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 shroud as taught by Shelton to include the latch as taught Muraki. The motivation being an effective manner to erase the data in memory array (Muraki, Paragraph [0029]).
Regarding claim 27, Shelton in view of Muraki disclose the surgical instrument of claim 25. Muraki also discloses wherein the latch in the open position is configured to engage a set of contacts that renders data stored on memory unreadable, such as by electrically resetting, rewriting, or scrambling memory, by providing electrical communication with the reset element (Paragraph [0029]). 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 shroud as taught by Shelton to include the latch as taught Muraki. The motivation being an effective manner to erase the data in memory array (Muraki, Paragraph [0029]).
Claim 26 is rejected under 35 U.S.C 103 as being unpatentable over Shelton and Muraki in further view of Conlon et al. (US 20170000512) herein referred to as Conlon.
Regarding claim 26, Shelton in view of Muraki discloses the surgical instrument of claim 1. However, Shelton in view of Muraki does not explicitly disclose wherein comprising a cable that electrically communicates the latch with the memory.
Conlon discloses a surgical instrument (Figure 1) wherein comprising a cable that electrically communicates the latch with the memory (Paragraph [0095]; wherein the hall effect sensor which is seen as part of the latch is a part of the circuit board which also contains the memory therefore, will have a wire/cable that connect them to allow for the signal to be passed through from the sensor to the memory). 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 latch as taught by Shelton in view of Muraki to be a hall effect sensor as taught by Conlon. The motivation being a simple substitution of one known element of changing memory, a reset element taught by Muraki, for another, the Hall effect sensor taught by Conlon to yield the predictable results of a reset, rewrite, or scramble, erases or destroys memory (MPEP 2143 (B))
Allowable Subject Matter
Claims 1-11, 14-15 & 21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Claim 1 recites the limitation " wherein the magnet is moveable with other portions of the latch to thereby transition from a first location to a second location, the first location being when the latch is in the unsecured position and the second location being when the latch is in the secured position, the first location being closer to the memory than the second location." in which examiner has found to be allowable such that the closest prior art Shelton, IV (US 20170202595) in view of Muraki ( US 20090259793) discloses wherein the magnet is moveable with other portions of the latch to thereby transition from a first location to a second location (Muraki, Figure 2B & 2C) and the first location being when the latch is in the unsecured position and the second location being when the latch is in the secured position (Shelton, Figure 70; wherein figure 70 shows the unsecured position and the secured position would be when shroud portion 1972 is connected). However, Shelton in view of Muraki does not explicitly disclose wherein the first location is closer to the memory than the second location therefore making it allowable.
Conclusion
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.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights