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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 29, 2025 has been entered.
Response to Arguments
The Applicant filed Amendments to the Claims and Remarks on October 29, 2025 in response to the Examiner’s Final Office Action, mailed July 30, 2025.
Amendments to the Claims
At this time, claims 2, 4-16, and 18-21 are pending. Claims 2, 4, 16, 18, and 21 have been amended. The Applicant has cancelled claims 3 and 17. The Applicant asserts that no new matter is added. (Remarks, pg. 8)
Claim Rejections Under 35 U.S.C. 103
Applicant’s arguments, see Remarks, pg. 8-10, filed October 29, 2025, with respect to the rejections of claims 2-8 and 10-21 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Shelton, IV et al. (U.S. Pat. App. Pub. No. 2014/0005661, hereinafter "Shelton '661") in view of Shelton, IV (US 8,573,465, hereinafter "Shelton '465").
Applicant’s arguments, see Remarks, pg. 10-11, filed October 29, 2025, with respect to the rejections of claim 9 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of the Shelton '661/Shelton '465 combination, further in view of Shelton, IV et al. (US 20110155786 A1, hereinafter referred to as Shelton '786).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 2, 4-8, 10-16, and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton, IV et al. (US 2014/0005661 A1, hereinafter referred to as Shelton '661) in view of Shelton, IV (US 8,573,465, hereinafter referred to as Shelton '465) (both cited previously).
Regarding amended, independent claim 2, Shelton ‘661 discloses an interchangeable end effector coupling arrangement. Shelton goes on to disclose a surgical assembly (robotic system 10 in Fig. 1) comprising:
an instrument drive unit (robotic controller 12 in Fig. 1); and
an electromechanical surgical instrument (“a multi-axis articulating and rotating surgical tool 650” in Figs. 75-82) including:
a surgical loading unit (In Fig. 6, the distal end of the elongated shaft assembly 200 includes a tool portion, shown to be electrosurgical end effector 3000.) including an end effector (electrosurgical end effector 3000); and
an instrument adapter interconnecting the instrument drive unit and the surgical loading unit (tool mounting portion 300 in Figs. 5-6, 11-15; [0220]: “… in FIGS. 11-15, the tool mounting portion 300 includes a tool mounting plate 304 that operably supports a plurality of (four are shown in FIG. 15) rotatable body portions, driven discs or elements 306, that each include a pair of pins 308 that extend from a surface of the driven element 306.”), the instrument adapter including:
a housing ([0229]: “In the embodiment of FIGS. 22-23, the support structure 402 is configured to removably engage latch notches 303 formed in the tool mounting plate 304 that are designed to facilitate attachment of a housing member (not shown) to the mounting plate 304 when the motor 400 is not employed.”);
first, second, and third drive members (drive systems 350, 370, 430, 450 in Figs. 5 and 16-18) rotatably disposed within the housing (drive systems 350, 370, 430, 450 is seen within the tool mounting plate 304 and housing member (not shown) in Fig. 5);
a shaft assembly (elongate shaft assembly 200 in Fig. 6) operatively interconnecting the first, second, and third drive members to the end effector (In Fig. 6, the elongated shaft assembly 200 is shown between the tool interface 302 and the end effector 3000. Fig. 5 shows that the tool mounting plate 304 (further connected to tool interface 302) contains the drive systems 350, 370, 430, 450.), wherein the surgical loading unit is selectively connectable to a distal end of the shaft assembly (tooling portion including end effector 3000 is shown at the distal end of elongated shaft assembly 200 in Fig. 6; [0306]: “As illustrated in FIG. 112, surgical end effector 1001 may be interchanged with other surgical end effectors suitable for use with shaft assembly 1003.”); and
a locking link (spline lock 690 in Figs. 75 and 76), the locking link being operatively coupled to the instrument drive unit (articulation tube segment 666 further connects to the tool mounting portion 300, further connecting to robotic controller 12) via the third drive member and longitudinally movable within the shaft assembly (shaft assembly 580 in Figs. 77 and 78); and
a lock (end effector connector tube 660 in Figs. 75-82) driven by one of the first, second, or third drive members ([0302]), the lock drivable to a plurality of states including:
a first state in which the locking link is driven to the proximal non-locking position ([0302]: “The mechanical disengagement of the spline members 692 of the spline lock 690 and the spline members 696 of the end effector drive housing 658 when the rotary drive shaft 680 is in a fully proximal axial position unlocks the end effector drive housing 658 from the end effector connector tube 660, thereby unlocking the rotational joint and permitting rotation of the head portion 578 of the surgical tool 650. Because the spline lock 690 is freely rotatable about the rotary drive shaft 680, the mechanical engagement of spline members 692 of the spline lock 690 and the spline members 664 of the end effector connector tube 660 does not prevent the rotary drive shaft 680 from actuating the rotation of the head portion 578 of the surgical tool 650.”);
a second state in which the locking link is driven to a position in which the locking link is movable in at least one direction between the distal locking position and the proximal non-locking position ([0300]: “As shown in FIGS. 75 and 76, the spline lock 690 is located at the rotational joint formed by the coupling of the end effector drive housing 658 and the end effector connector tube 660.”); and
a third state in which the locking link is driven to the distal locking position ([0301]: “The mechanical engagement of the respective spline members 692, 696, and 664 locks the end effector drive housing 658 into position with the end effector connector tube 660, thereby locking the rotational joint and preventing rotation of the head portion 578 of the surgical tool 650.”).
While mentioned, Shelton ‘661 is not specific to the locking link extending between the distal end of the shaft assembly and the housing; or a proximal non-locking position for permitting connection and disconnection of the surgical loading unit to the distal end of the shaft assembly; and
a distal locking position for selectively locking the surgical loading unit (end effector 570) to the instrument adapter (effector drive housing in Figs. 75 and 76). A combination of references better shows this.
Shelton ‘465 teaches a robotically-controlled surgical end effector system with rotary actuated closure systems. Shelton ‘465 further depicts the locking link (first articulation link 3710 in Fig. 65) extending between the distal end of the shaft assembly ( see distal end of elongated shaft 3700 in Fig. 65) and the housing (housing is seen enclosing tool mounting portion in Fig. 65); and a proximal non-locking position (see Fig. 72) for permitting connection and disconnection of the surgical loading unit (disposable loading unit 3612) to the distal end of the shaft assembly(elongated shaft 3700; [col. 67, li. 37-57]: “As described hereinabove, the disposable loading unit 3612 employs a rotary "bayonet-type" coupling arrangement for operably coupling the disposable loading unit 3612 to a corresponding portion of the manipulatable surgical tool portion. That is, to attach a disposable loading unit 3612 to the corresponding portion of the manipulatable surgical tool portion (3700--see FIG. 71, 72), a rotary installation motion must be applied to the disposable loading unit 3612 and/or the corresponding portion of the manipulatable surgical tool portion when those components have been moved into loading engagement with each other. …Likewise, to decouple a spent disposable loading unit 3612 from the corresponding portion of the manipulatable surgical tool, a rotary decoupling motion must be applied to the spent disposable loading unit 3612 and/or the corresponding portion of the manipulatable surgical tool portion while simultaneously moving the spent disposable loading unit and the corresponding portion of the manipulatable surgical tool away from each other...”); and
a distal locking position (see Fig. 71) for selectively locking the surgical loading unit (disposable loading unit 3612) to the instrument adapter ([col. 67, li. 37-57]).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to combine the locking link portions of Shelton ‘661 to include the specific mechanism of Shelton ‘465 in order to allow for selective locking, connection, and disconnection between the shaft assembly, surgical loading unit, and instrument adapter.
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Regarding amended claim 4, in view of the combination set forth in claim 2, Shelton ‘661 further discloses a locking nut (rotary drive nut 656 in Fig. 75) coupled to the third drive member ([0280]: “The threaded rotary drive member 604 is threaded through the rotary drive nut 606 and is located inside a lumen of a rotary drive shaft 630.”) and axially movable relative thereto, and wherein the locking link is coupled to the locking nut (In Fig. 75, the surgical tool 650 is seen interconnected to the spline lock 690 via hex coupling portions 657, 684, 686, of which hex coupling portion 657 is the make connecting portion on rotary drive nut 656.).
Regarding claim 5, in view of the combination set forth in claim 2, Shelton ‘661 further discloses that the locking nut (rotary drive nut 656 in Fig. 75) has a body defining a lumen longitudinally therethrough ([0294]: “A threaded rotary drive nut 656 is threaded onto the threaded rotary drive member 654.”), an internal surface of the lumen is threaded for receipt of a threaded portion of the third drive member therethrough ([0280]: “The threaded rotary drive member 604 is threaded through the rotary drive nut 606 and is located inside a lumen of a rotary drive shaft 630.”).
Regarding claim 6, in view of the combination set forth in claim 2, Shelton ‘661 further discloses that an external surface of the locking nut (rotary drive nut 656 in Figs. 75-76) is keyed to the housing such that rotation of the third drive member effects proximal or distal movement of the locking nut along the third drive member ([0301]: “The spline members 692, 696, and 664 of the spline lock 690, the end effector drive housing 658, and the end effector connector tube 660, respectively, are configured to mechanically engage with each other when the rotary drive shaft 680 is in a fully distal axial position in which the female hex coupling portion 684 of the rotary drive head 682 is mechanically engaged with the male hex coupling portion 657 of the rotary drive nut 656 to drive rotation of the rotary drive nut 656 and translation of the threaded rotary drive member 654 and the I-beam member 670 (FIGS. 77, 78, and 82).”).
Regarding claim 7, in view of the combination set forth in claim 2, Shelton ‘661 goes on to disclose that the body of the locking nut (rotary drive nut 656 in Figs. 75) has a slit (openings 334’ in Figs. 11-15) defined therein and the locking link has a wing (drive pins 332 in Figs. 11-15) movably disposed within the slit ([0221]: “…the drive pins 332 will push the rotatable bodies 320 into the limited rotation position until the pins 332 are aligned with (and slide into) openings 334′.”).
Regarding claim 8, in view of the combination set forth in claim 2, Shelton ‘661 further discloses that the locking nut (rotary drive nut 656 in Figs. 75-76) has a rod (rotary drive member 654 in Fig. 75) extending transversely through a longitudinal slot formed in the locking link, the rod movable within the longitudinal slot (In Fig. 75, rotary drive member 654 extends through the rotary drive nut 656, hex coupling section, 686, effector drive housing 658, spline lock 690, effector tube 660, and to the articulation segment 666.).
Regarding amended claim 10, in view of the combination set forth in claim 2, Shelton ‘465 more specifically than Shelton ‘661 teaches that the surgical loading unit includes a lug (engagement nub(s) 3676 in Figs. 65-70, and 74-75) extending laterally from a proximal end of the surgical loading unit (engagement nub(s) 3676 extend laterally from disposable loading unit 3612, as seen in Figs. 65-69 and 71-72), wherein a distal end of the locking link includes an extension configured for locking engagement ([col. 67, li. 37-57]: “loading engagement”) with the lug of the surgical loading unit upon insertion of the proximal end of the surgical loading unit into the distal end of the shaft assembly ([col. 46, li. 33-34]: “Nubs 3676 form a bayonet-type coupling with the distal end of the elongated shaft 3700…”), and then upon rotation of the surgical loading unit relative to the shaft assembly (See Figs. 71 and 72 below; [col. 47, li. 12-19]: “Nubs 3676 will each be aligned in a respective channel (not shown) in elongated shaft 3700. When hook portion 3692 engages the proximal wall 3704 of channel 3702, disposable loading unit 3612 is rotated in the direction indicated by arrow “B” in FIGS. 71 and 74 to move hook portion 3692 of second articulation link 3690 into engagement with finger 3712 of first articulation link 3710.”).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify the Shelton ‘661/Shelton ‘465 combination to include the lug engagement mechanism of Shelton ‘465 to enable the rotational connection of the surgical loading unit and the shaft assembly, ensuring a stable connection between the components during surgical procedures.
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Regarding claim 11, in view of the combination set forth in claim 2, Shelton ‘661 further discloses the instrument adapter includes an articulation link (articulation joint 3500) operatively coupled to the first drive member and longitudinally movable within the shaft assembly for articulating the end effector ([0238]: “The surgical tool 100 depicted in FIGS. 5 and 16-21 includes an articulation joint 3500 that cooperates with the third and fourth drive systems 430, 450, respectively for articulating the end effector 3000 about the longitudinal tool axis “LT”.”).
Regarding claim 12, in view of the combination set forth in claim 2, Shelton ‘661 further discloses that the instrument adapter further includes a nut (tube gear segment 354 in Figs. 5 and 16-18) coupled to the first drive member (first drive system 350) and slidable there along upon rotation of the first drive member ([0225]: “… the first drive system 350 includes a tube gear segment 354 that is formed on (or attached to) the proximal end 208 of a proximal tube segment 202 of the elongate shaft assembly 200. The tube gear segment 354 is supported in meshing engagement with a first rotational gear assembly 360 that is operably supported on the tool mounting plate 304.”), the nut fixed to the articulation link ([0225]: Being attached to “the proximal end 208 of a proximal tube segment 202 of the elongate shaft assembly 200”, the nut connects functionally with the articulation link.).
Regarding claim 13, in view of the combination set forth in claim 2, Shelton ‘661 further discloses that the instrument adapter includes a firing rod (drive shaft segment 380 in Figs. 16-21) operatively coupled to the second drive member and longitudinally movable within the shaft assembly for actuating the end effector ([0226]: “…the shaft gear 376 is non-rotatably mounted onto the proximal drive shaft segment 380 by a series of axial keyways 384 that enable the shaft gear 376 to axially move on the proximal drive shaft segment 380 while being non-rotatably affixed thereto. Rotation of the proximal drive shaft segment 380 results in the transmission of a second rotary control motion to the surgical end effector 3000.”)
Regarding claim 14, in view of the combination set forth in claim 2, Shelton ‘661 further discloses that the firing rod (drive shaft segment 380 in Figs. 16-21) is coupled to the second drive member (second drive system 370) via a plurality of intermeshed gears such that rotation of the plurality of intermeshed gears (rotation drive gear 372 is interconnected with second drive system 370) results in axial translation of the firing rod (Figs. 16-21 show different perspectives of the surgical tool, each showing a plurality of gears that work in conjunction with the drive shaft segment 380; [0227]: “The second drive system 370 in the embodiment of FIGS. 5 and 16-21 includes a shifting system 390 for selectively axially shifting the proximal drive shaft segment 380 which moves the shaft gear 376 into and out of meshing engagement with the first rotary driven gear 374.”).
Regarding claim 15, in view of the combination set forth in claim 2, Shelton ‘661 further discloses that the instrument drive unit includes motors ([0229]: “FIGS. 22-23 illustrate … a battery-powered drive motor 400 for supplying rotary drive motions to the proximal drive shaft segment 380.”) for transferring power and actuation forces to the instrument adapter such that the first, second, and third drive members are independently rotatable with respect to one another ([0224]: “…the tool mounting portion 300 includes a first drive system generally designated as 350 that is configured to receive a corresponding “first” rotary output motion…the first rotary control motion is employed to rotate the elongate shaft assembly 200 (and surgical end effector 3000) about a longitudinal tool axis LT-LT.”; [0227]: “The second drive system 370 …includes a shifting system 390 for selectively axially shifting the proximal drive shaft segment 380 which moves the shaft gear 376 into and out of meshing engagement with the first rotary driven gear 374.; [0234]: “…a third drive system 430 that is configured to receive a corresponding “third” rotary output motion…”; [0235]: “…a fourth drive system 450 that is configured to receive a corresponding “fourth” rotary output motion…”).
Regarding amended, independent claim 16, in view of the combination set forth in claim 2, Shelton ‘661 goes on to disclose an electromechanical surgical instrument (surgical tool 30 in Fig. 1) for use with a robotic surgical system (robotic system 10 in Fig. 1), the electromechanical surgical instrument comprising:
a surgical loading unit (In Fig. 6, the distal end of the elongated shaft assembly 200 includes a tool portion, shown to be electrosurgical end effector 3000.) including an end effector (electrosurgical end effector 3000 in Fig. 6); and
an instrument adapter (tool mounting portion 300 in Figs. 5-6, 11-15; [0220]: “… in FIGS. 11-15, the tool mounting portion 300 includes a tool mounting plate 304 that operably supports a plurality of (four are shown in FIG. 15) rotatable body portions, driven discs or elements 306, that each include a pair of pins 308 that extend from a surface of the driven element 306.”) interconnecting the instrument drive unit and the surgical loading unit (Fig. 5 and 6 show tool mounting portion 300 connected to electrosurgical end effector 3000. Tool mounting portion 300 further connects to the control unit 3004, part of robotic controller 12 in Fig. 1.), the instrument adapter including:
a housing ([0229]: “In the embodiment of FIGS. 22-23, the support structure 402 is configured to removably engage latch notches 303 formed in the tool mounting plate 304 that are designed to facilitate attachment of a housing member (not shown) to the mounting plate 304 when the motor 400 is not employed.”);
first, second, and third drive members (drive systems 350, 370, 430, 450 in Figs. 5 and 16-18) rotatably disposed within the housing (drive systems 350, 370, 430, 450 is seen within the tool mounting plate 304 and housing member (not shown) in Fig. 5);
a shaft assembly (elongate shaft assembly 200 in Fig. 5-6) operatively interconnecting the first, second, and third drive members to the end effector (In Fig. 6, the elongated shaft assembly 200 is shown between the tool interface 302 and the end effector 3000. Fig. 5 shows that the tool mounting plate 304 (further connected to tool interface 302) contains the drive systems 350, 370, 430, 450.), wherein the surgical loading unit is selectively connectable to a distal end of the shaft assembly (tooling portion including end effector 3000 is shown at the distal end of elongated shaft assembly 200 in Fig. 6; [0306]: “As illustrated in FIG. 112, surgical end effector 1001 may be interchanged with other surgical end effectors suitable for use with shaft assembly 1003.”);
a locking link (spline lock 690 in Figs. 75 and 76), the locking link being operatively coupled to the third drive member and longitudinally movable within the shaft assembly ([0299]: “…rotary drive shaft 680 is shown in a fully distal axial position in which the female hex coupling portion 684 of the rotary drive head 682 is mechanically engaged with the male hex coupling portion 657 of the rotary drive nut 656.”); and
a lock (end effector connector tube 660 in Figs. 75-82) driven by one of the first, second, or third drive members ([0302]), the lock drivable to a plurality of states including:
a first state in which the locking link is driven to the proximal non-locking position ([0302]: “The mechanical disengagement of the spline members 692 of the spline lock 690 and the spline members 696 of the end effector drive housing 658 when the rotary drive shaft 680 is in a fully proximal axial position unlocks the end effector drive housing 658 from the end effector connector tube 660, thereby unlocking the rotational joint and permitting rotation of the head portion 578 of the surgical tool 650. Because the spline lock 690 is freely rotatable about the rotary drive shaft 680, the mechanical engagement of spline members 692 of the spline lock 690 and the spline members 664 of the end effector connector tube 660 does not prevent the rotary drive shaft 680 from actuating the rotation of the head portion 578 of the surgical tool 650.”);
a second state in which the locking link is driven to a position in which the locking link is movable in at least one direction between the distal locking position and the proximal non-locking position ([0300]: “As shown in FIGS. 75 and 76, the spline lock 690 is located at the rotational joint formed by the coupling of the end effector drive housing 658 and the end effector connector tube 660.”); and
a third state in which the locking link is driven to the distal locking position ([0301]: “The mechanical engagement of the respective spline members 692, 696, and 664 locks the end effector drive housing 658 into position with the end effector connector tube 660, thereby locking the rotational joint and preventing rotation of the head portion 578 of the surgical tool 650.”).
While mentioned, Shelton ‘661 is not specific to the locking link extending between the distal end of the shaft assembly and the housing; or a proximal non-locking position for permitting connection and disconnection of the surgical loading unit to the distal end of the shaft assembly; and
a distal locking position for selectively locking the surgical loading unit (end effector 570) to the instrument adapter (effector drive housing in Figs. 75 and 76). A combination of references better shows this.
Shelton ‘465 further depicts the locking link (first articulation link 3710 in Fig. 65) extending between the distal end of the shaft assembly ( see distal end of elongated shaft 3700 in Fig. 65) and the housing (housing is seen enclosing tool mounting portion in Fig. 65); and a proximal non-locking position (see Fig. 72) for permitting connection and disconnection of the surgical loading unit (disposable loading unit 3612) to the distal end of the shaft assembly(elongated shaft 3700; [col. 67, li. 37-57]: “As described hereinabove, the disposable loading unit 3612 employs a rotary "bayonet-type" coupling arrangement for operably coupling the disposable loading unit 3612 to a corresponding portion of the manipulatable surgical tool portion. That is, to attach a disposable loading unit 3612 to the corresponding portion of the manipulatable surgical tool portion (3700--see FIG. 71, 72), a rotary installation motion must be applied to the disposable loading unit 3612 and/or the corresponding portion of the manipulatable surgical tool portion when those components have been moved into loading engagement with each other. …Likewise, to decouple a spent disposable loading unit 3612 from the corresponding portion of the manipulatable surgical tool, a rotary decoupling motion must be applied to the spent disposable loading unit 3612 and/or the corresponding portion of the manipulatable surgical tool portion while simultaneously moving the spent disposable loading unit and the corresponding portion of the manipulatable surgical tool away from each other...”); and
a distal locking position (see Fig. 71) for selectively locking the surgical loading unit (disposable loading unit 3612) to the instrument adapter ([col. 67, li. 37-57]).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to combine the locking link portions of Shelton ‘661 to include the specific mechanism of Shelton ‘465 in order to allow for selective locking, connection, and disconnection between the shaft assembly, surgical loading unit, and instrument adapter.
Regarding amended claim 18, in view of the combination set forth in claim 2, Shelton ‘465 more specifically than Shelton ‘661 teaches that the surgical loading unit includes a lug (engagement nub(s) 3676 in Figs. 65-70, and 74-75) extending laterally from a proximal end of the surgical loading unit (engagement nub(s) 3676 extend laterally from disposable loading unit 3612, as seen in Figs. 65-69 and 71-72), wherein a distal end of the locking link includes an extension configured for locking engagement ([col. 67, li. 37-57]: “loading engagement”) with the lug of the surgical loading unit upon insertion of the proximal end of the surgical loading unit into the distal end of the shaft assembly ([col. 46, li. 33-34]: “Nubs 3676 form a bayonet-type coupling with the distal end of the elongated shaft 3700…”), and then upon rotation of the surgical loading unit relative to the shaft assembly (See Figs. 71 and 72 below; [col. 47, li. 12-19]: “Nubs 3676 will each be aligned in a respective channel (not shown) in elongated shaft 3700. When hook portion 3692 engages the proximal wall 3704 of channel 3702, disposable loading unit 3612 is rotated in the direction indicated by arrow “B” in FIGS. 71 and 74 to move hook portion 3692 of second articulation link 3690 into engagement with finger 3712 of first articulation link 3710.”).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify the Shelton ‘661/Shelton ‘465 combination to include the lug engagement mechanism of Shelton ‘465 to enable the rotational connection of the surgical loading unit and the shaft assembly, ensuring a stable connection between the components during surgical procedures.
Regarding claim 19, in view of the combination set forth in claim 2, Shelton ‘661 further discloses that the instrument adapter includes a firing rod (drive shaft segment 380 in Figs. 16-21) operatively coupled to the second drive member and longitudinally movable within the shaft assembly for actuating the end effector ([0226]: “…the shaft gear 376 is non-rotatably mounted onto the proximal drive shaft segment 380 by a series of axial keyways 384 that enable the shaft gear 376 to axially move on the proximal drive shaft segment 380 while being non-rotatably affixed thereto. Rotation of the proximal drive shaft segment 380 results in the transmission of a second rotary control motion to the surgical end effector 3000.”).
Regarding claim 20, in view of the combination set forth in claim 2, Shelton ‘661 discloses that the firing rod (drive shaft segment 380 in Figs. 16-21) is coupled to the second drive member (second drive system 370) via a plurality of intermeshed gears such that rotation of the plurality of intermeshed gears (rotation drive gear 372 is interconnected with second drive system 370) results in axial translation of the firing rod (Figs. 1-21 show different perspectives of the surgical tool, each showing a plurality of gears that work in conjunction with the drive shaft segment 380; [0227]: “The second drive system 370 in the embodiment of FIGS. 5 and 16-21 includes a shifting system 390 for selectively axially shifting the proximal drive shaft segment 380 which moves the shaft gear 376 into and out of meshing engagement with the first rotary driven gear 374.”).
Regarding amended, independent claim 21, in view of the combination set forth in claim 2, Shelton ‘661 further discloses a surgical assembly (robotic system 10 in Fig. 1) comprising:
an instrument drive unit (robotic controller 12 in Fig. 1) including a motor (generator 3002 in Fig. 6; [0207]: “The electrosurgical tool 100 in conjunction with the generator 3002 can be configured to supply energy, such as electrical energy, ultrasonic energy, and/or heat energy, for example, to the tissue of a patient.”); and
an electromechanical surgical instrument (electrosurgical tool 100 in Fig. 5 and 6; “a multi-axis articulating and rotating surgical tool 650” in Figs. 75-82) including:
a surgical loading unit (In Fig. 6, the distal end of the elongated shaft assembly 200 includes a tool portion, shown to be electrosurgical end effector 3000.) including an end effector (In Fig. 6, the distal end of the elongated shaft assembly 200 includes a tool portion, shown to be electrosurgical end effector 3000.); and
an instrument adapter interconnecting the motor of the instrument drive unit and a driving member of the surgical loading unit (tool mounting portion 300 in Figs. 5-6, 11-15; [0220]: “… in FIGS. 11-15, the tool mounting portion 300 includes a tool mounting plate 304 that operably supports a plurality of (four are shown in FIG. 15) rotatable body portions, driven discs or elements 306, that each include a pair of pins 308 that extend from a surface of the driven element 306.”), the instrument adapter including:
a housing ([0229]: “In the embodiment of FIGS. 22-23, the support structure 402 is configured to removably engage latch notches 303 formed in the tool mounting plate 304 that are designed to facilitate attachment of a housing member (not shown) to the mounting plate 304 when the motor 400 is not employed.”);
first, second, and third drive members (drive systems 350, 370, 430, 450 in Figs. 5 and 16-18) rotatably disposed within the housing (drive systems 350, 370, 430, 450 is seen within the tool mounting plate 304 and housing member (not shown) in Fig. 5);
a shaft assembly (elongate shaft assembly 200) operatively interconnecting the first, second, and third drive members to the end effector (In Fig. 6, the elongated shaft assembly 200 is shown between the tool interface 302 and the end effector 3000. Fig. 5 shows that the tool mounting plate 304 (further connected to tool interface 302) contains the drive systems 350, 370, 430, 450.), wherein the surgical loading unit is selectively connectable to a distal end of the shaft assembly (tooling portion including end effector 3000 is shown at the distal end of elongated shaft assembly 200 in Fig. 6; [0306]: “As illustrated in FIG. 112, surgical end effector 1001 may be interchanged with other surgical end effectors suitable for use with shaft assembly 1003.”);
a locking link (spline lock 690 in Figs. 75 and 76), the locking link being operatively coupled to the motor of the instrument drive unit (articulation tube segment 666 further connects to the tool mounting portion 300, further connecting to robotic controller 12) via the third drive member and longitudinally movable within the shaft assembly (shaft assembly 580 in Figs. 77 and 78); and
a lock (end effector connector tube 660 in Figs. 75-82) driven by one of the first, second, or third drive members ([0302]), the lock drivable to a plurality of states including:
a first state in which the locking link is driven to the proximal non- locking position ([0302]: “The mechanical disengagement of the spline members 692 of the spline lock 690 and the spline members 696 of the end effector drive housing 658 when the rotary drive shaft 680 is in a fully proximal axial position unlocks the end effector drive housing 658 from the end effector connector tube 660, thereby unlocking the rotational joint and permitting rotation of the head portion 578 of the surgical tool 650. Because the spline lock 690 is freely rotatable about the rotary drive shaft 680, the mechanical engagement of spline members 692 of the spline lock 690 and the spline members 664 of the end effector connector tube 660 does not prevent the rotary drive shaft 680 from actuating the rotation of the head portion 578 of the surgical tool 650.”);
a second state in which the locking link is driven to a position in which the locking link is movable in at least one direction between the distal locking position and the proximal non-locking position ([0300]: “As shown in FIGS. 75 and 76, the spline lock 690 is located at the rotational joint formed by the coupling of the end effector drive housing 658 and the end effector connector tube 660.”); and
a third state in which the locking link is driven to the distal locking position ([0301]: “The mechanical engagement of the respective spline members 692, 696, and 664 locks the end effector drive housing 658 into position with the end effector connector tube 660, thereby locking the rotational joint and preventing rotation of the head portion 578 of the surgical tool 650.”).
While mentioned, Shelton ‘661 is not specific to the locking link extending between the distal end of the shaft assembly and the housing; or a proximal non-locking position for permitting connection and disconnection of the surgical loading unit to the distal end of the shaft assembly; and
a distal locking position for selectively locking the surgical loading unit (end effector 570) to the instrument adapter (effector drive housing in Figs. 75 and 76). A combination of references better shows this.
Shelton ‘465 further depicts the locking link (first articulation link 3710 in Fig. 65) extending between the distal end of the shaft assembly (see distal end of elongated shaft 3700 in Fig. 65) and the housing (housing is seen enclosing tool mounting portion in Fig. 65); and a proximal non-locking position (see Fig. 72) for permitting connection and disconnection of the surgical loading unit (disposable loading unit 3612) to the distal end of the shaft assembly(elongated shaft 3700; [col. 67, li. 37-57]: “As described hereinabove, the disposable loading unit 3612 employs a rotary "bayonet-type" coupling arrangement for operably coupling the disposable loading unit 3612 to a corresponding portion of the manipulatable surgical tool portion. That is, to attach a disposable loading unit 3612 to the corresponding portion of the manipulatable surgical tool portion (3700--see FIG. 71, 72), a rotary installation motion must be applied to the disposable loading unit 3612 and/or the corresponding portion of the manipulatable surgical tool portion when those components have been moved into loading engagement with each other. …Likewise, to decouple a spent disposable loading unit 3612 from the corresponding portion of the manipulatable surgical tool, a rotary decoupling motion must be applied to the spent disposable loading unit 3612 and/or the corresponding portion of the manipulatable surgical tool portion while simultaneously moving the spent disposable loading unit and the corresponding portion of the manipulatable surgical tool away from each other...”); and
a distal locking position (see Fig. 71) for selectively locking the surgical loading unit (disposable loading unit 3612) to the instrument adapter ([col. 67, li. 37-57]).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to combine the locking link portions of Shelton ‘661 to include the specific mechanism of Shelton ‘465 in order to allow for selective locking, connection, and disconnection between the shaft assembly, surgical loading unit, and instrument adapter.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the Shelton '661/Shelton '465 combination, further in view of Shelton, IV et al. (US 20110155786 A1, hereinafter referred to as Shelton '786).
Regarding claim 9, the Shelton ‘661/Shelton ‘465 combination does not disclose that the locking nut includes a tab extending laterally from the body, the tab disposed adjacent to a window defined through the housing for manual movement of the locking nut ([0056]: .
However, Shelton ‘786 teaches a tab (projection 142 in Fig. 2) extending laterally from the body, the tab disposed adjacent to a window ([0056]: “slot”) defined through the housing for manual movement of the locking nut ([0056]: “firing nut 140 can include projection 142 extending therefrom which can be configured to extend through a slot defined between proximal channel portion halves 77 and 79 in order to constrain the movement of firing nut 140 along an axis.”).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify the existing locking assembly of the Shelton '661/Shelton '465 combination to include a tab and window as a seen by the projection and slot of Shelton, IV ‘786 for manual movement of the nut.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cooper et al. (US-20080058861-A1);
Lohmeier et al. (US-20150150638-A1); and
Castro et al. (US-20150150633-A1)..
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/M.G.S./Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796