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 .
Information Disclosure Statement
The information disclosure statement (IDS) filed June 23, 2023 has been entered and the references cited therein have been considered by the examiner.
Election/Restrictions
Applicant August 21, 2025 response to the restriction requirement mailed June 11, 2025 has been entered. Accordingly, claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 21, 2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the trigger assembly 60 and the joylike stick switch 90 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: At paragraph 0031, the thermal cutting element should be numbered “130” instead of “150.”
Appropriate correction is required.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hörlle (U.S. Patent Application Publication No. 2014/0214030) in view of Lau et al. (U.S. Patent Application Publication No. 2017/0258513).
In regard to claims 11 and 14, Hörlle teaches an electrosurgical gripping instrument 10 comprised of a first jaw 100, a second jaw 200 and a cutting section 430 of cutting wire 400 arranged between the first jaw 100 and the second jaw 200 (see Fig. 2 and para. 0044). Each jaw 100, 200 has a housing supporting a first gripping surface 110 on first jaw 100 and a second gripping surface 210 on second jaw 200 (see Fig. 2). A first coagulation section pair 600 has first lower coagulation section 610 positioned on the first gripping surface 110 and a second upper coagulation surface 620 positioned on second gripping surface 210 where the two gripping surfaces 110, 210 are disposed in opposition relative to each other (see Fig. 2). Similarly, a second coagulation section pair 650 has first lower coagulation section 660 positioned on first gripping surface 110 and a second upper coagulation section positioned on second gripping surface 210 (see Fig. 2 and para. 0054). Figures 1 and 2 show that the jaws 200 is moveable relative to jaw 100 to grasp tissue therebetween. The two coagulation section pairs 600, 650 can be used to coagulate tissue positioned between the first gripping surface 110 and the second gripping surface 210 and they are thus connected to an electrosurgical energy source (see para. 0055). Figure 2 shows that cutting wire 400 is disposed on the gripping surface 110 of lower jaw 100 and cutting wire 400 has a cutting section 430 that extends along a substantial length of the gripping surface 110 of lower jaw 100. The cutting wire 430 is formed from a shape memory alloy that bends when it is heated by a heating element 720 (see paras. 0064 and 0065) Thus, the cutting wire 430 is independently activatable. Hörlle is silent as to the cutting wire 430 being corrugated. However, Lau et al. teach a similar electrosurgical instrument with a set of jaws 600 including a hot jaw 601 that has a heating element 602 on its inside face and a shaped wireform heater 604 connected in series with heating element 602 (see Figs. 36A and 36B are para. 0169). Heater 604 is formed in a serpentine band pattern that increases the length of exposed heater wire and thus increases the amount of energy that can be delivered to the tissue as opposed to a portion of straight wire (see para. 0169). Lau et al. thus demonstrate that the use of serpentine or corrugated cutting wires in electrosurgical instruments is well known in the art. Accordingly, it would have been obvious for one of ordinary skill in the art at the effective filing date of the invention to form the cutting wire 430 of Hörlle in a serpentine shape, in the manner disclosed by Lau et al., for the purpose of increasing the amount of energy that can be delivered to the tissue.
Claim(s) 12, 13, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hörlle (U.S. Patent Application Publication No. 2014/0214030) in view of Lau et al. (U.S. Patent Application Publication No. 2017/0258513) and further in view of Nobis et al. (U.S. Patent Application Publication No. 2015/0174390).
In regard to claims 12, 13, 15 and 16, Hörlle and Lau et al. are both silent as to serrations along the cutting wire 430. However, Nobis et al. teach an electrosurgical device with jaws 16a, 16b and a cutting member 28 with a vertical knife component 28c that can have a sharp or serrated edge (see para. 0025 and Figs. 1 and 2). Nobis et al. thus demonstrate that the use of a serrated edge on a cutting element in an electrosurgical device is well known in the art to enhance the ability to cut tissue. Accordingly, it would have been obvious for one of ordinary skill in the art at the effective filing date of the invention to provide the cutting wire 430 of Hörlle in view of Lau et al. with a serrated edge on the serpentine cutting wire 430 to enhance the ability of the cutting wire 430 to cut tissue. As noted above, Lau et al. teach that the serpentine shape increases the amount of energy that can be delivered to the tissue and would thus increase the heat concentration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEVERLY MEINDL FLANAGAN whose telephone number is (571)272-4766. The examiner can normally be reached Mon-Fri 7:30AM to 5:00PM.
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/BEVERLY M FLANAGAN/Primary Examiner, Art Unit 3794