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 .
Response to Amendment
The amendment filed 10/17/2025 has been entered. Claims 1-11 & 14-15 remain pending in the application. Claim 12-13 have been canceled. Claims 21-27 have been entered. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed 08/01/2025.
Response to Arguments
Applicant's arguments with respect to claims1-11, 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 2-3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 2-3 recite include a push-pin which are described in paragraphs [00080]-[00086], such that in those paragraphs it is not disclosed in such that the push-pins are used in an embodiment alongside the latch and magnet which is disclosed in claim 1 and disclosed in paragraph [00093]-[00095]. Therefore, there is no place in the specification in which it discussed both elements being a part of the same embodiment therefore, claims 2-3 are seen as written description since they depend off of 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 1, 4-6, 10-11, 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 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 magnet is configured to use a magnetic field to cause a disruption of electrical signals or a magnetic pulse that damages or scrambles memory, such that the latch is configured to erase the memory while selectively moving from the secured position to the unsecured position.
Muraki discloses a circuit assembly (Figure 1) wherein the magnet is configured to use a magnetic field to cause a disruption of electrical signals or a magnetic pulse that damages or scrambles memory, such that the latch is configured to erase the memory while selectively moving from the secured position to the unsecured position (Figure 2A, 220; wherein Figure 2A is seen a secure position and when latch is shifted to erase, it us seen as an unsecured position; 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]).
Regarding claim 4, Shelton in view of Muraki disclose the surgical instrument of claim 1. Shelton also discloses wherein the energy drive system, includes:(i) a transducer (Figure 1, 104), (ii) a waveguide (Figure 10A, 145), and (iii) an energy coupling configured to removably connect the transducer to the waveguide (Figure 10A, 156), wherein the energy coupling is selected from the group consisting of: a frangible division, a press fit bushing, and a threaded bushing (Figure 10A, 156; wherein the coupling is a threaded bushing).
Regarding claim 5, Shelton in view of Muraki disclose the surgical instrument of claim 1. Shelton also discloses wherein the shroud coupling includes wherein the magnetic fastener (Paragraph [0375]), wherein the magnetic fastener includes a magnetic coupling having a first magnetic member operatively secured to the first shroud portion and a second magnetic member operatively secured to the second shroud portion (Figure 70; Paragraph [0375]), wherein the magnetic members are selected from the group consisting of: a rare earth magnet, a ferromagnetic metal, and a electromagnet (Paragraph [0375]; wherein the magnets are rare-earth permanent magnets), wherein the first magnetic member is operatively secured to the second magnetic member by magnetic attraction (Paragraph [0375]), wherein the first and second shroud portions are configured to transition from the connected state to the disconnected state by separating the first magnetic member from the second magnetic member by a user (Figure 70; Paragraph [0375]; wherein figure 70 shows the disconnected state and when magnets are connected together it’s the connected state, the shroud is seen as removable therefore can transition between a connected and disconnected state).
Regarding claim 6, Shelton in view of Muraki disclose the surgical instrument of claim 5. Shelton also discloses wherein the shroud coupling includes an alignment feature configured to align the first shroud portion with the second shroud portions while being transitioned from the connected state to the disconnected state thereby aligning the first magnetic member with the second magnetic member (Figure 70, 1990; ribs act as an alignment feature to align first shroud portion with second shroud portion).
Regarding claim 10, Shelton in view of Muraki disclose the surgical instrument of claim 1. Muraki also discloses a main circuit board by a circuit coupling (Figure 1, 118), and wherein the memory is configured to be permanently separated from the main circuit board at the circuit coupling (Paragraph [0021]; wherein a USB connector can be permanently removed), and wherein the circuit coupling is selected from the group consisting of a failure region, a reduced diameter of a pin connector, or a frangible notch (Paragraph [0021]; wherein a USB connector contains small pin connectors) 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 circuit assembly as taught by Weir to include the memory and structure as taught by Muraki. The motivation being the device user may provide the memory device to another user or entity for transferring and utilizing the stored data with a local host computer device (Muraki, Paragraph [0010]).
Regarding claim 11, Shelton in view of Muraki disclose the surgical instrument of claim 1. Muraki also discloses wherein the circuit assembly includes a main circuit board and a sub-board (Figure 1, 114 & 122; where computer 114 is seen as the main circuit board and memory device has a sub-board discussed in paragraph [0011]), wherein the sub-board is connected to the main circuit board by a pluggable coupling (Paragraph [0021]; wherein a USB connector is a pluggable coupling), and wherein the sub-board is configured to be separated from the main circuit board at the pluggable coupling (Paragraph [0021]; wherein a USB connector can be removed). 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 circuit assembly as taught by Shelton to include the pluggable coupling as taught by Muraki. The motivation being a simple substitution of one known element, the circuit assembly taught by Shelton with another, the circuit assembly taught by Muraki to yield the predictable results of connecting two elements together (MPEP 2143 (B))
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]).
Claims 2-3 is rejected under 35 U.S.C 103 as being unpatentable over Shelton and Muraki in further view of Shelton, IV (US 11424027) herein referred to as Shelton2.
Regarding Claim 2, Shelton in view of Muraki discloses the surgical instrument of claim 1 wherein the shroud coupling includes a push-pin (Figure 70, 1986). However, Shelton in view of Muraki does not explicitly disclose wherein the push-pin includes a plurality of resilient ribs configured to be inserted through a first bore defined by the first shroud portion and a second bore defined by the second shroud portion, wherein the plurality of resilient ribs expand after being inserted through the first and second bores to retain the first and second shroud portions in a connected state.
Shelton2 discloses a surgical device (Figure 134) wherein the push-pin includes a plurality of resilient ribs configured to be inserted through a first bore and a second bore (Figure 348; wherein push-pin 70814 includes resilient ribs 70816a & 70816b which are inserted through a first bore of shaft 70810 and a second bore defined by 70822), wherein the plurality of resilient ribs expand after being inserted through the first and second bores to retain the first and second shroud portions in a connected state (Figure 349). 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 Shelton in view of Muraki to be the push-pin taught by Shelton2. The motivation being a simple substitution of one known element, the alignment pin taught by Shelton with another, the push-pin taught by Shelton2 to yield the predictable results of connecting two elements together (MPEP 2143 (B))
Regarding Claim 3, Shelton in view of Muraki discloses the surgical instrument of claim 1 wherein the shroud coupling includes a push-pin (Figure 70, 1986). However, Shelton in view of Muraki does not explicitly disclose wherein the push-pin includes a shank configured to include a first outer diameter in an unexpanded state, wherein the first outer diameter of the shank is sized to fit within a pair of bores, and a pin configured to be fitted within the shank to transition the shank to an expanded state thereby connecting the first shroud portion to the second shroud portion.
Shelton2 discloses a surgical device (Figure 134) wherein the push-pin includes a shank configured to include a first outer diameter in an unexpanded state (Figure 348; 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 a pair of bores (Figure 348; 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), and a pin configured to be fitted within the shank to transition the shank to an expanded state thereby connecting the first portion to the second portion (Figure 349). 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 Shelton in view of Muraki to be the push-pin taught by Shelton2. The motivation being a simple substitution of one known element, the alignment pin taught by Shelton with another, the push-pin taught by Shelton2 to yield the predictable results of connecting two elements together (MPEP 2143 (B))
Claim 7-9 is rejected under 35 U.S.C 103 as being unpatentable over Shelton and Muraki in view of LIN et al. (CN 111920164 – English translated copy) herein referred to as LIN.
Regarding Claim 7, Shelton in view of Muraki discloses the surgical instrument of claim 1 wherein the shroud coupling includes a magnetic fastener (Paragraph [0375]). However, Shelton in view of Muraki does not explicitly disclose wherein the magnetic fastener includes a magnetic lock assembly configured to connect the first shroud portion to the second shroud portion in a connected state, wherein the magnetic lock assembly includes at least one magnetic member selected from the group consisting of. a rare earth magnet, a ferromagnetic metal, and a electromagnet, wherein the magnetic lock assembly uses magnetic attraction to render the first and second shroud portions in a locked state that disallows inadvertent movement of the first and second shroud portions from the connected state to the disconnected state.
LIN discloses a magnetic lock assembly (Figure 4) wherein the magnetic lock assembly uses magnetic attraction to render the first and second portions in a locked state that disallows inadvertent movement of the first and second portions from the connected state to the disconnected state (Claim 2; wherein two portions are in a locked state based on magnetic attraction, therefore since they are locked, there would be movement). 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 magnetic fastener coupling taught by Shelton in view of Muraki to be magnetically locking mechanism as taught by LIN. The motivation being a simple substitution of one known element, the magnetic fastener taught by Shelton in view of Muraki with another, a magnetic lock assembly taught by LIN to yield the predictable results of connecting two elements together (MPEP 2143 (B))
Regarding Claim 8, Shelton in view of Muraki in view of LIN discloses the surgical instrument of claim 7. LIN also discloses wherein the magnetic lock assembly includes a key configured to transition the magnetic lock assembly from the locked state to an unlocked state (Claim 8). 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 magnetic fastener coupling taught by Shelton in view of Muraki to be magnetically locking mechanism as taught by LIN. The motivation being it would be obvious to try different ways of coupling two shrouds together to see which allows for the best connection (MPEP 2143 (E)).
Regarding Claim 9, Shelton in view of Muraki in view of LIN discloses the surgical instrument of claim 8. LIN also discloses wherein the at least one magnetic member includes a first magnetic member operatively connected to the first shroud portion and a second magnetic member operatively connected to a second magnetic member (Claim 1), wherein one of the first magnetic member or the second magnetic member is magnetically attracted to the other of the first magnetic member or the second magnetic member (Claim 2), wherein the first and second magnetic members have high magnetic attraction between each other in the locked state and the first and second magnetic members have low magnetic attraction between each other in the unlocked state (Claim 2). 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 magnetic fastener coupling taught by Shelton in view of Muraki to be magnetically locking mechanism as taught by LIN. The motivation being it would be obvious to try different ways of coupling two shrouds together to see which allows for the best connection (MPEP 2143 (E)).
Claim 14 is rejected under 35 U.S.C 103 as being unpatentable over Shelton and Muraki in further view of Jim (“Detachable debug portion of PCB?” (Provided by Applicant in IDS/see attached)) herein referred to as Jim.
Regarding Claim 14, Shelton in view of Muraki discloses the surgical instrument of claim 1 wherein the circuit assembly including a first circuit portion (Figure 18A, 420). However, Shelton in view of Muraki does not explicitly disclose wherein the circuit assembly includes a first circuit portion, a second circuit portion, and a frangible separator, wherein the frangible separator connects the first circuit portion to the second circuit portion in an operable state, and wherein the frangible separator is configured to permanently separate the first circuit portion from the second circuit portion in an inoperable state.
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Jim discloses Circuit assembly (See annotated image below) wherein the circuit assembly includes a first circuit portion, a second circuit portion, and a frangible separator (See annotated image below), wherein the frangible separator connects the first circuit portion to the second circuit portion in an operable state (See annotated image below), and wherein the frangible separator is configured to permanently separate the first circuit portion from the second circuit portion in an inoperable state (See annotated image below; “part to snap” will permanently separate both circuit portions leaving the second circuit portion in operable). 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 circuit assembly taught by Shelton in view of Muraki to include the structure of the circuit assembly taught by Jim. The motivation being to remove a portion of the circuit and still allow for the rest of it to function as intended (Jim, Paragraph 2).
Claim 15 is rejected under 35 U.S.C 103 as being unpatentable over Shelton and Muraki in further view of Weir et al. (US 20140005705) herein referred to as Weir.
Regarding Claim 15, Shelton in view of Muraki discloses the surgical instrument of claim 1. However, Shelton in view of Muraki does not explicitly disclose further comprising a cable, wherein the cable is captured by the first and second shroud portions in the connected state, and wherein the cable is released from the first and second shroud portions in the disconnected state.
Weir discloses a surgical instrument (Figure 1, 10), comprising a cable (Figure 1, 22), wherein the cable is captured by the first and second shroud portions in the connected state (Figure 8, 22), and wherein the cable is released from the first and second shroud portions in the disconnected state (Figure 2). 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 substituted the battery taught by Shelton in view of Muraki for a cable to connect to a power source as taught by Weir. The motivation being a simple substitution for one know element to providing power, a battery, for another a cable, to yield the predictable results of powering a surgical instrument (MPEP 2143 (B))
Claim 21 & 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 21, Shelton in view of Muraki disclose the surgical instrument of claim 1. However, Shelton in view of Muraki does not explicitly disclose wherein the latch includes a hall effect sensor with an integrated magnet that allows the circuit assembly to initiate a sequence rendering the data unreadable, such as a reset, rewrite, or scramble, which erases or destroys memory.
Conlon discloses a surgical instrument (Figure 1) wherein a latch includes a hall effect sensor with an integrated magnet that allows the circuit assembly to initiate a sequence rendering the data unreadable, such as a reset, rewrite, or scramble, which erases or destroys memory (Paragraph [0095]; wherein hall effect sensor contain integrated magnetics such that when it interacts with the external magnetic it rewrites the memory to produce a timing program). 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))
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))
Claim 22-24 is rejected under 35 U.S.C 103 as being unpatentable over Weir in view of Shelton2.
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.
Shelton2 discloses a surgical device (Figure 134) wherein the push-pin includes a shank (Figure 348, 70814), a shank head (Figure 348, 70817), a first resilient rib (Figure 348, 70814a), and a second resilient rib (Figure 348, 70816a), wherein the first resilient rib is longitudinally spaced a distance along the shank from the second resilient rib (Figure 348, 70816a & 70816b). 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 Shelton2. The motivation being a simple substitution of one known element, the alignment pin taught by Weir with another, the push-pin taught by Shelton2 to yield the predictable results of connecting two elements together (MPEP 2143 (B))
Regarding claim 23, Weir in view of Shelton2 disclose the surgical instrument of claim 22. Shelton2 also discloses wherein the shank has a first outer diameter in an unexpanded state (Figure 348; 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 348; 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 349). 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 Shelton2. The motivation being a simple substitution of one known element, the alignment pin taught by Weir with another, the push-pin taught by Shelton2 to yield the predictable results of connecting two elements together (MPEP 2143 (B))
Regarding claim 24, Weir in view of Shelton2 disclose the surgical instrument of claim 22. Shelton2 also discloses wherein the first resilient rib is positioned closer to the head than the second resilient rib (Figure 348, 70814a, 70816a). 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 Shelton2. The motivation being a simple substitution of one known element, the alignment pin taught by Weir with another, the push-pin taught by Shelton2 to yield the predictable results of connecting two elements together (MPEP 2143 (B))
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 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