DETAILED ACTION
Applicant's amendments and remarks, filed 9/11/25, are fully acknowledged by the Examiner. Currently, claims 1-13 are pending with claim 1 amended. The following is a complete response to the 9/11/25 communication.
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 § 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(s) 1 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ding (US
2017/0181789).
Regarding claim 1, Ding teaches a surgical instrument, comprising:
a housing having a shaft extending along a longitudinal axis (housing 12 with shaft 90) and supporting to a pair of jaws that define a knife pathway (jaws 110, 120 with knife pathway 125);
a lever pivotally mounted to and extending into the housing (lever 63 as in Fig. 3);
a knife actuator coupled to the lever at a first end and extending longitudinally within housing to a second end (knife actuator 66 connecting to 63 and extending to a longitudinally moving element within housing to second end at the end effector);
a bearing sleeve coupled to the second end of the knife actuator (156); and
a knife positioned in the knife pathway and coupled to the bearing sleeve for movement therewith in response to movement of the lever and knife actuator (knife 152 coupled to 156 and moves in response to movement of the lever and knife actuator).
Regarding claim 10, Ding teaches a method of making a surgical device having a knife blade that
can retract and extend within jaws that are free to continuously rotate, comprising:
providing a lever pivotally mounted to a housing and extending partially therein (lever 63 from housing 12 and extending partially within the housing as in Fig. 3);
coupling the lever to a first end of a knife actuator that extends longitudinally within the housing (63 connected to knife actuator 66 that extends longitudinally within the housing);
coupling a second end of the knife actuator to a bearing sleeve that extends around a rotatable shaft of the surgical device (second end of actuator to bearing sleeve 156); and
fixing the knife blade to the bearing sleeve so that movement of the lever from a first position to a second position advances the knife actuator distally within the housing and drives the bearing sleeve along the shaft to move the knife blade from a retracted position to an extended position within the jaws (knife blade 152 coupled to 156 so that movement of 63 actuates the knife via 63 pushing against 156).
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(s) 2-9 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ding in
view of Walberg (US 2020/0008831).
Regarding claim 2, Ding is silent wherein the lever includes a bearing cup mechanically coupling
the lever to the knife actuator.
However, Walberg teaches a bearing cup mechanically coupling a lever to an actuator of a forceps (Figs. 2-3 with bearing bracket cupping axis 7).
It would have been obvious to one of ordinary skill in the art to modify Ding with the cup of Walberg to maintain the articulation direction of the device.
Regarding claim 3, Ding teaches wherein the second end of the knife actuator comprises a fork extending about the bearing sleeve (fork as spaced apart flanges 67).
Regarding claim 4, Ding teaches wherein the bearing sleeve includes a pair of bearing members
positioned on either side of the fork of the knife actuator (63 on either side of flanges 67).
Regarding claim 5, Ding wherein the shaft is rotatable through 360 degrees (par. [0078]).
Regarding claim 6, Ding teaches wherein pivotal movement of the lever between a first position
and a second position will cause the knife actuator to drive the bearing sleeve from a retracted position to an extended position (moving 66 will drive the bearing sleeve from a retracted to an extended position as in par. [0059]).
Regarding claim 7, Ding teaches wherein the bearing sleeve is biased toward the first position
(biased by biasing member 139).
Regarding claim 8, Ding is silent wherein the bearing cup includes a tab and an aperture formed
through the tab.
However, Walberg teaches the bearing cup includes a tab and an aperture formed through the tab (7 with tab as the distal end and aperture through the tab to hold 7).
It would have been obvious to one of ordinary skill in the art to modify Ding with the cup of Walberg to maintain the articulation direction of the device.
Regarding claim 9, Ding is silent wherein the first end of the knife actuator includes a post engaged with the aperture of the tab of the bearing cup.
However, Walberg teaches a post engaged with the aperture of the tab of the bearing cup (post engages with tab of the bearing cup).
Regarding claim 11, Ding is silent wherein the lever includes a bearing cup mechanically coupling
the lever to the knife actuator.
However, Walberg teaches a bearing cup mechanically coupling a lever to an actuator of a forceps (Figs. 2-3 with bearing bracket cupping axis 7).
It would have been obvious to one of ordinary skill in the art to modify Ding with the cup of Walberg to maintain the articulation direction of the device.
Regarding claim 12, Ding teaches wherein the second end of the knife actuator comprises a fork extending about the bearing sleeve (fork as spaced apart flanges 67).
Regarding claim 13, Ding teaches wherein the bearing sleeve includes a pair of bearing members positioned on either side of the fork of the knife actuator (156 on either side of flanges 67).
Response to Arguments
Applicant’s arguments, see the remarks, filed 9/11/25, with respect to the rejection(s) of claim(s) 1-13 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been modified. However, upon further consideration, a new ground(s) of rejection is made in view of a new interpretation of Ding.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BO OUYANG whose telephone number is (571)272-8831. The examiner can normally be reached M-F 8-5 EST.
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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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/BO OUYANG/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794