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 Arguments
Applicant's arguments with respect to claims 2-21 have been considered but are not persuasive, see reasoning below.
Regarding claim 2 & 13, applicant argues that Baxter does not disclose any temporal relationship between "a first approximated position" and "a second approximated position" as the jaws Baxter only open and close about this single axis. Examiner wants to direct applicant to Paragraph [0085] of Baxter, where it is stated “any one or more of the teachings, expressions, embodiments, examples, etc. described herein may be combined with any one or more of the other teachings, expressions, embodiments, examples, etc. that are described herein. The following-described teachings, expressions, embodiments, examples, etc. should therefore not be viewed in isolation relative to each other. Various suitable ways in which the teachings herein may be combined will be readily apparent to those of ordinary skill in the art in view of the teachings herein. Such modifications and variations are intended to be included within the scope of the claims.”, Therefore disclosing the ability to allow for articulating the jaws in both vertical and lateral directions which is seen in Figures 9 & 20 of Baxter. Baxter discloses in Paragraph [0098], that the contacting surfaces are both vertically and laterally offset from each other when the jaws are closed therefore interpreting that they are not offset when the jaws are opened wherein being opened can be seen as a first position and being closed can be seen as a second position. Therefore, Examiner stands by the rejection taught in the non-final office action.
In regards to claims 3-12 & 14-21, Examiner sees claim 2 & 13 dependents as being unpatentable over Baxter as taught by the Non-final action and the reasonings above.
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.
Claim 2-8, 10, 13-21 are rejected under 35 U.S.C 102(a)(1) as being anticipated by Baxter, III et al, (20140214019) herein referred to as Baxter.
Regarding Claim 2, Baxter discloses a surgical system (Figure 1) comprising: an end effector including a first jaw member having a first tissue contacting surface and a second jaw member having a second tissue contacting surface (Figure 1, 42 & 44), at least one of the first or second tissue contacting surfaces configured to communicate electrosurgical energy between the first and second tissue contacting surfaces (Paragraph [0105]; wherein RF energy is delivered to the tissue through both contact surfaces of the jaws), each of the first and second tissue contacting surfaces including a base surface laterally disposed relative to a raised surface (Figure 9; wherein 244 & 242 are seen as the base surfaces and 252 and 254 are seen as the raised surfaces), the base surface and the raised surface connected by an intermediate wall (See annotated Figure 9 below), the raised surface and the intermediate wall defining a shear edge at an intersection therebetween (See annotated figure 9 below), the first and second jaw members movable between an open position (Paragraph [0001]; wherein the jaws open and close), a first approximated position where the first and second tissue contacting surfaces are diametrically opposed to one another (Figure 9); and a second approximated position where the first and second tissue contacting surfaces are laterally offset from one another (Figure 20; Paragraph [0131]; wherein contact surfaces are laterally and vertically offset from each other; Paragraph [0193]; wherein any one or more of the embodiments may be combined with any one or more other embodiments).
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Regarding claim 3, Baxter discloses the surgical system of claim 2, wherein the intermediate wall is perpendicular to the base and raised surfaces (See annotated figure 9 below; wherein the top of the raised surface 252 and 254 is seen as perpendicular).
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Regarding claim 4, Baxter discloses the surgical system of claim 2, wherein each of the first and second jaw members includes a proximal portion and a distal portion (See annotated Figure 8 below), the distal portion including the base and raised surfaces (Figure 8; wherein when 252 and 254 are inserted, base and raised surfaces will be included in the distal end)
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Regarding claim 5, Baxter discloses the surgical system of claim 4, wherein the proximal portion of each of the first and second jaw members only includes the base surface (Figure 8; wherein the end of proximal portion of end effectors does not include the insert for the raised surfaces therefore only contains base surface).
Regarding claim 6, Baxter discloses the surgical system of claim 4, wherein the proximal portion of each of the first and second jaw members extends linearly along an axis and the distal portion of each of the first and second jaw members curves away from the proximal portion (See annotated Figure 4 below; Paragraph [0193]; wherein any one or more of the embodiments may be combined with any one or more other embodiments).
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Regarding claim 7, Baxter discloses the surgical system of claim 2, wherein the first and second tissue contacting surfaces include guide surfaces at distalmost ends of the first and second jaw members (See annotated figure 8 below).
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Regarding claim 8, Baxter discloses the surgical system of claim 7, wherein each of the guide surfaces extends from the raised surface and twists across the base surface (See annotated figure 8 below; wherein when inserted into the jaw, the guide surface wraps from the front of the jaws around the outer sides).
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Regarding claim 9, Baxter discloses the surgical system of claim 2, wherein, in the second approximated position, the first and second tissue contacting surfaces are longitudinally offset from one another (Figure 20; Paragraph [0131]; wherein the tissue contacting surfaces are vertically offset which is seen as the same as longitudinally).
Regarding claim 10, Baxter discloses the surgical system of claim 2, further including a robot arm, and the end effector is adapted to couple to the robot arm (Paragraph [0195]; wherein various teachings herein may be readily incorporated into a robotic surgical system such as the DAVINCI.TM. system by Intuitive Surgical, Inc. Similarly, those of ordinary skill in the art will recognize that various teachings herein may be readily combined with various teachings of U.S. Pat. No. 6,783,524)
Regarding claim 13, Baxter discloses a surgical system (Figure 1) comprising: an end effector including a first jaw member having a first tissue contacting surface and a second jaw member having a second tissue contacting surface (Figure 1, 42 & 44), the first and second tissue contacting surfaces defining complementary stepped surfaces (Figure 9; wherein 252 and 254 are seen as the complementary stepped surfaces), the first and second jaw members movable between an open position (Paragraph [0001]; wherein the jaws open and close), a first approximated position where the first and second tissue contacting surfaces are diametrically opposed to one another (Figure 9), and a second approximated position where the first and second tissue contacting surfaces are laterally and longitudinally offset from one another (Figure 20; Paragraph [0131]; wherein contact surfaces are laterally and vertically offset from each other; Paragraph [0193]; wherein any one or more of the embodiments may be combined with any one or more other embodiments).
Regarding claim 14, Baxter discloses The surgical system of claim 13, wherein each of the first and second tissue contacting surfaces includes a base surface laterally disposed relative to a raised surface (Figure 9; wherein 244 & 242 are seen as the base surfaces and 252 and 254 are seen as the raised surfaces), the base surface and the raised surface connected by an intermediate wall (See annotated Figure 9 below), the raised surface and the intermediate wall defining a shear edge at an intersection therebetween (See annotated Figure 9 below) and wherein when the first and second jaw members are in the first approximated position, the base and raised surfaces of the first tissue contacting surface are opposed to the raised and base surfaces of the second tissue contacting surface (Figure 9), respectively, and when the first and second jaw members are disposed in the second approximated position, the raised surfaces of the first and second tissue contacting surfaces are opposed to one another (Figure 20).
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Regarding claim 15, Baxter discloses the surgical system of claim 13, wherein at least one of the first or second tissue contacting surfaces is configured to communicate electrosurgical energy between the first and second tissue contacting surfaces (Paragraph [0105]; wherein RF energy is delivered to the tissue through both contact surfaces of the jaws).
Regarding claim 16, Baxter discloses the surgical system of claim 14, wherein each of the first and second jaw members includes a proximal portion and a distal portion (See annotated Figure 8 below), the distal portion including the base and raised surfaces (Figure 8; wherein when 252 and 254 are inserted, base and raised surfaces will be included in the distal end)
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Regarding claim 17, Baxter discloses the surgical system of claim 16, wherein the proximal portion of each of the first and second jaw members only includes the base surface (Figure 8; wherein the end of proximal portion of end effectors does not include the insert for the raised surfaces therefore only contains base surface).
Regarding claim 18, Baxter discloses the surgical system of claim 16, wherein the proximal portion of each of the first and second jaw members extends linearly along an axis and the distal portion of each of the first and second jaw members curves away from the proximal portion (See annotated Figure 4 below; Paragraph [0193]; wherein any one or more of the embodiments may be combined with any one or more other embodiments).
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Regarding claim 19, Baxter discloses the surgical system of claim 13, wherein the first and second tissue contacting surfaces define complementary guide surfaces at distalmost ends of the first and second jaw members (See annotated figure 8 below).
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Regarding claim 20, Baxter discloses the surgical system of claim 19, wherein each of the guide surfaces extends from the raised surface and twists across the base surface (See annotated figure 8 below; wherein when inserted into the jaw, the guide surface wraps from the front of the jaws around the outer sides).
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Regarding claim 21, Baxter discloses the surgical system of claim 13, further including a robot arm, and the end effector is attached to the robot arm (Paragraph [0195]; wherein various teachings herein may be readily incorporated into a robotic surgical system such as the DAVINCI.TM. system by Intuitive Surgical, Inc. Similarly, those of ordinary skill in the art will recognize that various teachings herein may be readily combined with various teachings of U.S. Pat. No. 6,783,524).
Claims 11-12 are rejected under 35 U.S.C 103 as being unpatentable over Baxter in view of Anderson et al. (US 6783524) herein referred to as Anderson.
Regarding Claim 11, Baxter discloses the surgical system of claim 10. However, Baxter does not explicitly disclose a control device and an operating console, the robot arm connected to the control device and tele manipulatable by the operating console.
Anderson discloses a robotic surgical system (Figure 1) comprising a control device and an operating console (Column 10, lines 40-46), the robot arm connected to the control device and tele manipulatable by the operating console (Column 10, lines 54-59). 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 surgical system taught by Baxter to include the surgical system teachings by Anderson. The motivation being the surgical device taught by Baxter can be incorporated into the robotic surgical system taught by Anderson (Baxter, Paragraph [0195]).
Regarding Claim 12, Baxter in view of Anderson discloses the surgical system of claim 11. Anderson also discloses wherein the operating console includes at least one manual input device (Column 2, lines 63-67), and the end effector is movable between the open position (Column 4 line 66- Column 5, line; wherein gripping tissue is seen as being moved from the open position to a closed position), the first approximated position, and the second approximated position through movement defined by the at least one manual input device (Column 5, line 61 -Column 6 line 3; wherein include the input to activate at least one degree of freedom of motion of the all or a portion of the instrument probe assembly relative to the instrument base is seen as able to move from a first approximated position to a second approximated position). 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 surgical system taught by Baxter in view of Anderson to include the surgical system teachings by Anderson. The motivation being the surgical device taught by Baxter can be incorporated into the robotic surgical system taught by Anderson (Baxter, Paragraph [0195]).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794