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 .
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.
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.
Claims 21, 23-31, 33-36, 38 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Allen (hereinafter ‘Allen,’ U.S. PGPub. No. 2012/0191091) in view of Timm et al., (hereinafter ‘Timm,’ U.S. Pat. 9,011,471).
Regarding claim 21, Allen (Fig. 1) discloses a system, comprising: a surgical instrument (10), including: a first portion (assembly 8) having an end effector assembly (100) and a drive assembly coupled to the end effector assembly ([0043], “Movable handle 40 of handle assembly 30 is ultimately connected to a drive assembly (not explicitly shown) that imparts movement of the first and second jaw members 110, 120, respectively, from an open position wherein the first and second jaw members 110, 120 are disposed in spaced relation relative to one another, to a clamping or closed position wherein the first and second jaw members 110, 120, respectively, cooperate to grasp tissue therebetween.”), the drive assembly configured to selectively actuate the end effector assembly ([0043]); and a second portion (housing assembly 6) having at least a portion of a housing (20) and a first actuator (handle assembly 30, moveable handle 40) operably coupled to the housing (20), wherein the first and second portions of the surgical instrument are releasably couplable with one another (as best illustrated in Fig. 4B), and wherein coupling of the first and second portions of the surgical instrument with one another operably couples the first actuator with the drive assembly such that actuation of the first actuator actuates the end effector assembly ([0043], “Movable handle 40 of handle assembly 30 is ultimately connected to a drive assembly (not explicitly shown) that imparts movement of the first and second jaw members 110, 120, respectively, from an open position wherein the first and second jaw members 110, 120 are disposed in spaced relation relative to one another, to a clamping or closed position wherein the first and second jaw members 110, 120, respectively, cooperate to grasp tissue therebetween.”). Allen further discloses the first portion of the surgical instrument to facilitate releasable coupling of the first and second portions of the surgical instrument with one another ([0050]; [0074]).
Allen is silent regarding a tool including at least one support, the at least one support configured to releasably engage the first portion of the surgical instrument to facilitate releasable coupling of the first and second portions of the surgical instrument with one another.
However, in the same field of endeavor, Timm (Fig. 6) teaches a similar system wherein “[t]o connect shaft assembly (314) to handle assembly (304) . . . the user positions the proximal portion of shaft assembly (314) in distal notch (338) and upper open portion (339) of handle assembly (304).” Timm teaches the user presses downwardly on the corresponding portions of the shaft assembly (314) to engage the first portion and second portion. A pivot cover (350) can then be moved to a closed position, such that in the fully assembled condition, the trigger (305) is coupled to the shaft assembly (314) to cause corresponding motion, which in turn causes pivoting movement of the end effector (col. 11, ll. 15-34). As such, the at least one support (334, 336) is configured to releasably engage the first portion (314) of the surgical instrument to facilitate releasable coupling of the first (314) and second portions (304) of the surgical instrument with one another (Fig. 6). It is advantageous (as can be seen in Timm) to provide end effector(s) (16) that may be removable from the surgical instrument (10) “for servicing, testing, replacement, or any other purpose as will be apparent to one of ordinary skill in the art in view of the teachings herein. In some versions, end effector (16) is modular such that surgical instrument (10) may be used with different kinds of end effectors.” (col. 4, ll. 45-67). Such a configuration allows the user to securely lock a variety of end effectors to the surgical instrument, thereby increasing versatility and improving overall safety. Therefore, it would have been obvious to one having ordinary skill in the art to have modified the system as taught by Allen to include a tool including at least one support, the at least one support configured to releasably engage the first portion of the surgical instrument to facilitate releasable coupling of the first and second portions of the surgical instrument with one another, as taught by Timm, in order to provide secure attachment of a variety of end effectors to the surgical instrument, thereby increasing versatility and improving overall safety.
Regarding claim 23, Allen in view of Timm teach each and every limitation of the system according to claim 21. In view of the prior modification of Allen in view of Timm, Timm teaches wherein the at least one support includes a pair of fingers (sides forming distal notch 338) interconnected by a living hinge (as broadly claimed, distal notch 338 is configured to configured to frictionally receive and retain shaft assembly 314) and defining a recess (distal notch 338) therebetween, the at least one support configured to receive the first portion of the surgical instrument (314) within the recess (338) to releasably engage the first portion of the surgical instrument with the tool (Fig, 6).
Regarding claim 24, Allen in view of Timm teach each and every limitation of the system according to claim 21. In view of the prior modification of Allen in view of Timm, Timm teaches wherein the tool further includes a handle (309) configured to facilitate grasping and manipulating the tool (Fig. 6).
Regarding claim 25, Allen in view of Timm teach each and every limitation of the system according to claim 21. Allen discloses wherein the first actuator is a manually movable handle (moveable handle 40).
Regarding claim 26, Allen in view of Timm teach each and every limitation of the system according to claim 21. Allen discloses wherein the end effector assembly (100) includes opposing tissue-grasping structures (110, 120) and wherein actuation of the drive assembly moves at least one of the tissue-grasping structures relative to the other between spaced-apart and approximated positions for grasping tissue therebetween ([0043]).
Regarding claim 27, Allen in view of Timm teach each and every limitation of the system according to claim 26. Allen discloses wherein at least one of the tissue-grasping structures (100, 110, 120) is adapted to connect to a source of energy for supplying energy to tissue grasped between the first and second tissue-grasping structures ([0044], “Forceps 10 also includes an electrosurgical cable 310 that connects the forceps 10 to a source of electrosurgical energy, e.g., a generator 500 (shown schematically).”).
Regarding claim 28, Allen in view of Timm teach each and every limitation of the system according to claim 27. Allen (Fig. 3) discloses wherein the first and second portions of the surgical instrument (100, 110, 120) include electrical contacts (315) and wherein, when the first and second portions of the surgical instrument are releasably coupled with one another (Fig. 4B), the electrical contacts cooperate to enable the supply of energy to the at least one of the tissue-grasping structures ([0045], “cable 310 is internally divided into cable leads 310a, 315a and 320 which are designed to transmit electrical potentials through their respective feed paths through the forceps 10.” [0049]; see Fig. 3).
Regarding claim 29, Allen in view of Timm teach each and every limitation of the system according to claim 21. Allen (Fig. 1) discloses wherein the first portion of the surgical instrument further includes a shaft (12), the end effector assembly (100) disposed at a distal end of the shaft (12) and the drive assembly including a drive bar slidably disposed within the shaft and coupled to the end effector assembly at a distal end of the drive bar such that translation of the drive bar relative to the shaft actuates the end effector assembly ([0043], “Movable handle 40 of handle assembly 30 is ultimately connected to a drive assembly (not explicitly shown) that imparts movement of the first and second jaw members 110, 120, respectively, from an open position wherein the first and second jaw members 110, 120 are disposed in spaced relation relative to one another, to a clamping or closed position wherein the first and second jaw members 110, 120, respectively, cooperate to grasp tissue therebetween.”).
Regarding claim 30, Allen in view of Timm teach each and every limitation of the system according to claim 21. Allen (Fig. 1) discloses wherein the first portion of the surgical instrument further includes a deployable component (knife assembly (not explicitly shown)), wherein the second portion of the surgical instrument further includes a second actuator (trigger assembly 70) operably coupled to the housing (20), and wherein coupling of the first and second portions of the surgical instrument with one another operably couples the second actuator with the deployable component such that actuation of the second actuator moves the deployable component relative to the end effector assembly ([0040]; [0047], “When activated via the trigger assembly 70, the knife (not explicitly shown) progressively and selectively divides the tissue along an ideal tissue plane in a precise manner to effectively and reliably divide the tissue into two sealed halves.”).
Regarding claim 31, Allen (Fig. 1) discloses a system, comprising: a surgical instrument (10) including first (assembly 8) and second (housing assembly 6) portions configured to releasably engage one another (Fig. 4B), the first portion having an end effector assembly (100) and at least one drive assembly configured to actuate at least one component relative to the end effector assembly ([0043], “Movable handle 40 of handle assembly 30 is ultimately connected to a drive assembly (not explicitly shown) that imparts movement of the first and second jaw members 110, 120, respectively, from an open position wherein the first and second jaw members 110, 120 are disposed in spaced relation relative to one another, to a clamping or closed position wherein the first and second jaw members 110, 120, respectively, cooperate to grasp tissue therebetween.”), the second portion having at least one actuator (handle assembly 30, moveable handle 40) configured to releasably engage the at least one drive assembly such that actuation of the at least one actuator actuates the at least one component relative to the end effector assembly ([0043], “Movable handle 40 of handle assembly 30 is ultimately connected to a drive assembly (not explicitly shown) that imparts movement of the first and second jaw members 110, 120, respectively, from an open position wherein the first and second jaw members 110, 120 are disposed in spaced relation relative to one another, to a clamping or closed position wherein the first and second jaw members 110, 120, respectively, cooperate to grasp tissue therebetween.”).
Allen further discloses the first portion of the surgical instrument to facilitate releasable coupling of the first and second portions of the surgical instrument with one another ([0050]; [0074]).
Allen is silent regarding a tool including a plurality of supports configured to releasably engage the first portion of the surgical instrument to facilitate releasable coupling of the first and second portions of the surgical instrument with one another.
However, in the same field of endeavor, Timm (Fig. 6) teaches a similar system wherein “[t]o connect shaft assembly (314) to handle assembly (304) . . . the user positions the proximal portion of shaft assembly (314) in distal notch (338) and upper open portion (339) of handle assembly (304).” Timm teaches the user presses downwardly on the corresponding portions of the shaft assembly (314) to engage the first portion and second portion. A pivot cover (350) can then be moved to a closed position, such that in the fully assembled condition, the trigger (305) is coupled to the shaft assembly (314) to cause corresponding motion, which in turn causes pivoting movement of the end effector (col. 11, ll. 15-34). As such, a plurality of supports (334, 336) are configured to releasably engage the first portion (314) of the surgical instrument to facilitate releasable coupling of the first (314) and second portions (304) of the surgical instrument with one another (Fig. 6). It is advantageous (as can be seen in Timm) to provide end effector(s) (16) that may be removable from the surgical instrument (10) “for servicing, testing, replacement, or any other purpose as will be apparent to one of ordinary skill in the art in view of the teachings herein. In some versions, end effector (16) is modular such that surgical instrument (10) may be used with different kinds of end effectors.” (col. 4, ll. 45-67). Such a configuration allows the user to securely lock a variety of end effectors to the surgical instrument, thereby increasing versatility and improving overall safety. Therefore, it would have been obvious to one having ordinary skill in the art to have modified the system as taught by Allen to include a tool including a plurality of supports configured to releasably engage the first portion of the surgical instrument to facilitate releasable coupling of the first and second portions of the surgical instrument with one another, as taught by Timm, in order to provide secure attachment of a variety of end effectors to the surgical instrument, thereby increasing versatility and improving overall safety.
Regarding claim 33, Allen in view of Timm teach each and every limitation of the system according to claim 31. In view of the prior modification of Allen in view of Timm, Timm teaches wherein a support of the plurality of supports includes a pair of fingers (sides forming distal notch 338) defining a recess therebetween (distal notch 338), the support configured to receive the first portion of the surgical instrument (314) within the recess (338) to releasably engage the first portion of the surgical instrument with the tool (Fig, 6).
Regarding claim 34, Allen in view of Timm teach each and every limitation of the system according to claim 31. In view of the prior modification of Allen in view of Timm, Timm teaches wherein the tool further includes a handle (309) configured to facilitate grasping and manipulating the tool (Fig. 6).
Regarding claim 35, Allen in view of Timm teach each and every limitation of the system according to claim 31. . In view of the prior modification of Allen in view of Timm, Timm teaches wherein the tool (334, 336, 338) is configured to facilitate positioning the first portion (314) of the surgical instrument at least partially within a housing (304) of the second portion of the surgical instrument (Fig. 6).
Regarding claim 36, Allen (Fig. 1) disclose a system, comprising: a surgical instrument (10), including: a first portion (assembly 8) having an end effector assembly (100) and at least one drive assembly configured to actuate at least one component relative to the end effector assembly ([0043], “Movable handle 40 of handle assembly 30 is ultimately connected to a drive assembly (not explicitly shown) that imparts movement of the first and second jaw members 110, 120, respectively, from an open position wherein the first and second jaw members 110, 120 are disposed in spaced relation relative to one another, to a clamping or closed position wherein the first and second jaw members 110, 120, respectively, cooperate to grasp tissue therebetween.”); and a second portion (housing assembly 6) having a housing (20) and at least one actuator (handle assembly 30, moveable handle 40) operably coupled to the housing (20) and configured to releasably engage the at least one drive assembly such that actuation of the at least one actuator actuates the at least one component relative to the end effector assembly ([0043]). Allen further discloses the first portion of the surgical instrument to facilitate releasable coupling of the first and second portions of the surgical instrument with one another ([0050]; [0074]).
Allen is silent regarding a tool including at least one support configured to releasably engage the first portion of the surgical instrument to facilitate insertion of the first portion of the surgical instrument at least partially within the housing of the second portion of the surgical instrument such that the at least one actuator is operably coupled to the at least one drive assembly.
However, in the same field of endeavor, Timm (Fig. 6) teaches a similar system wherein “[t]o connect shaft assembly (314) to handle assembly (304) . . . the user positions the proximal portion of shaft assembly (314) in distal notch (338) and upper open portion (339) of handle assembly (304).” Timm teaches the user presses downwardly on the corresponding portions of the shaft assembly (314) to engage the first portion and second portion. A pivot cover (350) can then be moved to a closed position, such that in the fully assembled condition, the trigger (305) is coupled to the shaft assembly (314) to cause corresponding motion, which in turn causes pivoting movement of the end effector (col. 11, ll. 15-34). As such, the at least one support (334, 336) is configured to releasably engage the first portion (314) of the surgical instrument to facilitate releasable coupling of the first (314) and second portions (304) of the surgical instrument with one another (Fig. 6). It is advantageous (as can be seen in Timm) to provide end effector(s) (16) that may be removable from the surgical instrument (10) “for servicing, testing, replacement, or any other purpose as will be apparent to one of ordinary skill in the art in view of the teachings herein. In some versions, end effector (16) is modular such that surgical instrument (10) may be used with different kinds of end effectors.” (col. 4, ll. 45-67). Such a configuration allows the user to securely lock a variety of end effectors to the surgical instrument, thereby increasing versatility and improving overall safety. Therefore, it would have been obvious to one having ordinary skill in the art to have modified the system as taught by Allen to include a tool including at least one support configured to releasably engage the first portion of the surgical instrument to facilitate insertion of the first portion of the surgical instrument at least partially within the housing of the second portion of the surgical instrument such that the at least one actuator is operably coupled to the at least one drive assembly, as taught by Timm, in order to provide secure attachment of a variety of end effectors to the surgical instrument, thereby increasing versatility and improving overall safety.
Regarding claim 38, Allen in view of Timm teach each and every limitation of the system according to claim 36. In view of the prior modification of Allen in view of Timm, Timm teaches wherein a support of the at least one support includes a pair of fingers (sides forming distal notch 338) defining a recess (distal notch 338) therebetween, the support configured to receive the first portion (314) of the surgical instrument within the recess to releasably engage the first portion of the surgical instrument with the tool (Fig, 6).
Regarding claim 39, Allen in view of Timm teach each and every limitation of the system according to claim 36. In view of the prior modification of Allen in view of Timm, Timm teaches wherein the tool further includes a handle (309) configured to facilitate grasping and manipulating the tool (Fig. 6).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: the most pertinent piece of prior art is Allen (U.S. PGPub. No. 2012/0191091). Allen teaches a similar surgical instrument, including: a first portion having an end effector assembly and at least one drive assembly configured to actuate at least one component relative to the end effector assembly; and a second portion having a housing and at least one actuator operably coupled to the housing and configured to releasably engage the at least one drive assembly such that actuation of the at least one actuator actuates the at least one component relative to the end effector assembly .
Regarding claim 22, although the prior art teaches a similar system, the prior art fails to specifically teach, “the tool further includes an actuation assembly having a tool actuator and a foot coupled to the tool actuator, and wherein the tool actuator is selectively actuatable to urge the foot to disengage the at least one support from the first portion of the surgical instrument, thereby disengaging the tool from the first portion of the surgical instrument” as recited in dependent claim 22.
Regarding claim 32, although the prior art teaches a similar system, the prior art fails to specifically teach, “wherein the tool further includes an actuation assembly having a tool actuator and a foot coupled to the tool actuator, and wherein the tool actuator is selectively actuatable to urge the foot to disengage the first portion of the surgical instrument from the tool” as recited in dependent claim 32.
Regarding claim 37, although the prior art teaches a similar system, the prior art fails to specifically teach, “wherein the tool further includes an actuation assembly having a tool actuator and a foot coupled to the tool actuator, and wherein the tool actuator is selectively actuatable to urge the foot to disengage the first portion of the surgical instrument from the tool once the first portion of the surgical instrument is at least partially within the housing of the second portion of the surgical instrument” as recited in dependent claim 37.
Claims 22, 32 and 37 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/LINDA C DVORAK/Primary Examiner, Art Unit 3794
/C.A.D./Examiner, Art Unit 3794
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